MHCC 08-02 RFP Arch - Rain Assocrainassoc.com/KCC-0901 Arch RFP - Final.doc · Web viewAttachment B Typical Reference Questionnaire Page 68. Attachment C Proposal Form Page 70

/// Klamath Community College /// RFP 09-01 /// Architectural & Engineering Services /// ....................................... /// Page 1 ///

Klamath Community CollegeRequest For Proposal

RFP 09-01

PROVISION OF ARCHITECTURAL & ENGINEERING SERVICES

Issue Date: Tuesday, April 14, 2009, 9:00 a.m.Closing Date: Thursday, May 7, 2009, 4:00 p.m.

All Times Are In Local Time

SUBMITTAL LOCATIONS

Send Original and Six Copies To: Send One Copy To:

Klamath Community College Lloyd Rain AssociatesMs. Renee Ferguson Box #104Dean for Administrative Services 914 SW Coast HighwayKlamath Community College Newport OR 973657390 South 6th StreetKlamath Falls OR 97603

Table of Contents

Part I Invitation Page 2Part II Project Overview Page 4Part III Conceptual Design Issues Page 9Part IV College General and Financial Data Page 12Part V Contract Requirements Page 13Part VI Scope Of Work Page 16Part VII Supplementary Contract Conditions Page 24Part VIII Project Delivery Responsibilities Page 44Part IX Architect’s Fee Parameters Page 49Part X Instructions To Proposers Page 53Part XI Proposal Evaluation Page 59Part XII Proposal Content Page 62Attachment A Typical Analysis Format Page 66Attachment B Typical Reference Questionnaire Page 68Attachment C Proposal Form Page 70

This package consists of 73 consecutively numbered pages. This is Page 1.

This solicitation was prepared by and is administered by Lloyd Rain Associates, Newport, Oregon


PART I: Invitation1) Invitation

Klamath Community College, hereinafter, "College" or “KCC,” invites Proposals from Licensed Architects (hereinafter, “A/E Firm” or "Proposer," or "company," or “firm,” or "provider" or "contractor") to provide Architectural and Engineering Services for the design, engineering and construction of two structures on the College Campus in Klamath Falls, Oregon. Interested firms which specialize in the provision of these services are invited to submit Proposals to accomplish the Scope of Work defined within this invitation.

The terms “architect” and “architectural services” shall be interpreted to mean all architectural and associated engineering services as may be required to provide complete architectural and engineering drawings and associated services as may be required to provide a complete and successful project. By this it is understood that the contract for “design” shall be issued to one architectural firm and that firm shall retain ALL engineering services and other consulting services as may be required. The College is not intending to enter into any separate contracts for engineering or supplementary services.

The project consists of providing a complete range of architectural and engineering services for the construction of two new facilities, a Career Technical Center and a Health and Science Building. The required services include all architectural services, all associated engineering services, programming, design, bidding, construction process overview, and project close-out. The intent of the College is to award a single contract for this commission to one firm.

Proposals will be analyzed on the technical capabilities and historical accomplishments of the Proposer with specific emphasis on the Proposer’s skills and abilities for integration of the new facilities into an existing rural setting, experience in designing educational facilities, and specific knowledge of the needs of the two functions, respectively, career technical education and health and science instruction. Financial considerations will also play a role in the selection process.

The RFP is available on the web site of solicitation consultant, Lloyd Rain Associates, (LRA) www.rainassoc.com, under the heading of Active Solicitations. Also on that web site are direct links to the College Master Plan and Preliminary Programming Documents showing the approximate locations of the two proposed structures. Proposers who download the RFP must notify Ms. Patricia Springer at the email address below in order to be included on the mailing list for addenda. Requests for paper copies may be requested from Ms. Springer at [email protected] or at the mailing address below. All email requests and download notifications must contain firm name, name of contact person, mailing address, phone number, and e-mail address. Paper copies of the RFP will be mailed to recipients within one business day of receipt of the request but will not be faxed or emailed. Addenda, if any, will only be mailed to those who post their names with Ms. Springer.

There will not be a pre-proposal meeting. Those wishing to view the proposed construction site may do so on their own recognizance. Those who do are instructed not to contact any college staff while the RFP is open for responses. Questions should be addressed to Lloyd Rain at [email protected] or 541-726-2000 and will be answered by LRA promptly.

All Proposals submitted shall be in sealed envelopes or containers plainly marked on the outside showing the name of the Proposer and the project number (RFP 09-01). Proposal and performance securities are not required.

The Board of Education of the College may waive any or all informalities and irregularities, may reject any Proposal not in compliance with all prescribed public procurement procedures, and may reject for good cause, any Proposal upon a finding of the College that it is in the public interest to do so.

mailto:[email protected]


http://www.mhcc.edu/


Klamath Community College, a Community College District created within the context of Oregon Revised Statutes, is an Equal Opportunity Employer. Minority and Women-Owned Businesses are encouraged to participate in this solicitation.

2) Submittal of Proposals

Interested firms may submit responses to this invitation by completing the requested documentation and submitting One Original & Six Copies to:

Klamath Community CollegeMs. Renee FergusonDean for Administrative ServicesKlamath Community College7390 South 6th StreetKlamath Falls OR 97603

And, One Copy to:

Lloyd Rain AssociatesBox #104914 SW Coast HighwayNewport OR 97365

within a sealed envelope or container clearly marked with the words:

Response to RFP 09-01 Enclosed

not later than the time and date set for submittals shown on Page 1 of this solicitation. Delivery is the sole responsibility of the Proposer. Proposals not received by the predetermined time on the due date at each address will be returned unopened. Proposals may be delivered by any means available including hand delivery if desired.

3) Opening and Reading of Proposals

Proposals will be opened and reviewed in closed session. Names of Proposers and proposal contents shall not be available to the public until the award recommendation is made to the Board of Education of the College. Copies of proposals shall not be available until award and contract execution is complete.

Klamath Community College

Ms. Renee FergusonDean for Administrative Services

END OF PART I

Related Documents Posted on Web Page www.rainassoc.com, click on “Active Solicitations”

RFP 09-01, Provision of Architectural and Engineering Services

Klamath Community College Campus Master Plan, Seven Files (for information only)KCC-MP-1.pdf Executive Summary and College MissionKCC-MP-2.pdf Analysis and ProjectionsKCC-MP-3.pdf Existing ConditionsKCC-MP-4.pdf Campus Master PlanKCC-MP-5.pdf Meeting MinutesKCC-MP-6.pdf Planning ProcessKCC-MP-7.pdf Campus Site Plan

http://www.rainassoc.com/


PART II: Project Overview1) Project Overview

Klamath Community College intends to construct two new structures on a 50-acre parcel of land which is part of its main campus in Klamath Falls, Oregon. These structures comprise Phase One of a campus which will eventually become a complete community college with all the functions and attributes of a community college providing both lower division transfer courses and technical education in a variety of endeavors.

The land is located at 7390 South 6th Street, Klamath Falls, Oregon, 97603, and is owned by the College. The site is partially developed, currently containing five single-story structures, new roads, new parking areas and a buried culvert spanning the entire site. The site is a large farm which has been producing grain crops; it is reasonably level, drainage appears to be good, and there are no site peculiarities other than the drainage culvert.

Phase One of the new campus development is being undertaken at this time. It comprises two structures containing four discrete functions. They are:

Building Name Abbreviation* Approximate Floor Area

Functions Sponsor

Career Technical Center CTC 16,000 Instructional** KCC

Health & Science Building HSB 29,000 Instructional** KCC

* All abbreviations in this chart are used throughout this document** Classrooms, offices, labs, conference rooms, multi-use spaces including mechanical and horticultural

instruction, etc.*** Learning Resource Center (common name for “library” in higher education)

The approximate floor areas and estimated costs for these projects are:

Function Approximate Floor Area****

Functions Allowance

CTC 16,000 Classrooms $ 2,200,000

HSB 29,000

Classrooms 8,000,000

n/a

InfrastructureState costsDebt costsSoft costsContingency

n/a

1,100,000 100,000 100,000 3,100,000 800,000

Totals 45,000 15,400,000

**** Gross square feet


Construction delivery will be by the traditional “Design/Bid/Build” process. The General Contractor will be selected by the Request For Qualifications process followed by the Standard Invitation For Bid process at the end of the construction drawing function. The selected architect will be expected to work as part of the Owner/Architect/Contractor team to deliver the project within the agreed upon schedule and budget. The Architect may be required to participate in the selection of the construction contractor. The following are the key figures which govern the project:

Total Construction Cost $11,300,000

Total Project Cost $15,400,000

Total Construction Costs are the sum of the costs of the CTC, the HSB and the associated Infrastructure.

2) Soft Costs

Every cost consultant has a different method for calculating “soft costs” and for defining the composition of soft costs. Generally, soft costs represent the difference between Total Project Costs and Total Construction Costs. When this difference is categorized, it is usually as Construction Costs (“Hard Costs”), Land Costs, Contingency Reserves, and Soft Costs. Architect and engineering fees are usually based upon Total Construction Costs but occasionally some soft costs, such as those of furniture, are included in Construction Costs. The traditional acronym, FF&E for Fixtures, Furniture and Effects does little to shed light on the meaning of soft costs. For our purposes here, we will consider that “Soft Costs” are represented by:

Appraisal feesArchitect feesAssessments (sewer, water, and electric hook-up)Bond feesBuilding commissioningClosing costsConstruction managementCredit reportsDebt issuance costsDesign feesEnergy modelingEngineering feesEngineering modelingEnvironment assessmentsEquipment (computers, lab & medical equip, etc.)Exhibits and brochuresFixtures, furniture and equipmentFund raisingGeotechnical engineeringInspection and testingInsuranceInterestLand surveying

Legal feesLoan feesMarketingPermits (bldg, hook ups, searches, filing, etc.)Plan check feesProject planningProperty taxesRecording and filing feesRelocation and moving costsSewerSidewalk and curb constructionSpecial engineering (see RFP)Special documentationState oversight costsStreet lightingStreet and road constructionSoils investigationsTaxesTitle insuranceTitle searchesVarious reports (environmental, water, engineering)Various contingencies and reserves

With a few exceptions, these are costs which the college will consume in addition to the cost of construction. Even though they are all part of a project, they are not actually related to the addition of “square feet.” Many of them are there regardless of the size of the project.

3) Project Scheduling

The current vision for the project is that initial design processes and local infrastructure design will take place simultaneously such that the entire package can be viewed as one discrete project. Then, the CTE building will be completed first and the construction of that building “fast-tracked” for occupancy in the fall of 2010. The short


list of qualified contractors will be developed through a Request For Qualifications process while initial design is in process. Thus, the selected contractor will be available for bidding as soon as the Architect has completed the working drawings. The balance of the project will proceed normally.

4) Funding

This Phase One construction project addresses the inadequacy of specialized classrooms within the existing facilities. Capital construction funding from the State of Oregon combined with allocated funds from other sources will allow for the construction of the new buildings. Specifically, the funds for this project are being provided by:

Funding Source Amount

State of Oregon $ 7,700,000

College Resources 2,079,473

Foundation Funds 1,270,527

Grant Funds 200,000

Borrowed Funds 4,150,000

Total Available Funds 15,400,000

5) College History

On May 21, 1996, the voters of Klamath County overwhelmingly approved formation of Klamath Community College Service District with a 79 percent affirmative vote. In addition, they agreed to establish a $3.5 million tax base to operate the district.

On July 1, 1996, KCC joined Oregon's largest education network. There are now 17 Oregon community colleges. Initially, Klamath Community College contracted with Rogue Community College for educational services. During the first year of operation, the District offered three one-year certificates to students: Business Assistant, Computer Software Specialist and Criminal Justice. At the same time, the College contracted with Oregon Institute of Technology (OIT) to provide general education courses, student health services, and library services. Classes were conducted in facilities rented from Klamath Falls City Schools and Klamath Falls County Schools.

During its first year of operation, Klamath Community College provided services to approximately 3,000 students. In July 1997, KCC contracted with Portland Community College for educational services. The Klamath Community College Board of Education appointed Wesley R. Channell, Ph.D. as the College's first permanent president on August 1, 1997.

In December 1997, the Oregon State Board of Education approved the Charter for Klamath Community College (KCC) and in January 1998, authorized the Klamath Community College Board of Education to award degrees and certificates. In April 1998, the curriculum in KCC's first catalog was approved by the Oregon State Board of Education and Portland Community College. That same month, KCC submitted its Application for Initial Candidacy to the Northwest Association of Schools and Colleges (NASC), now known as the Northwest Commission on Colleges and Universities (NWCCU), the accrediting agency for the region, and began its one-year self-study process. On November 10, 1999, Klamath Community College was granted Candidacy for regional accreditation through NASC, now NWCCU. As a Candidate, the College was authorized through its accrediting agency to provide state-authorized courses and programs. KCC was granted initial accreditation at


the Associated level effective September 1, 2004.

While KCC was advancing its bid for accreditation, it was also working on finding a permanent campus home. In September 1999, President Channell announced the purchase of 57 acres, which included two buildings that would become the permanent home of Klamath Community College. The buildings were redesigned and renovated, and on March 27, 2000, KCC students attended their first day of classes on the new campus. Additional buildings were completed in Fall 2002 to provide eight additional classrooms, computer labs, a new Learning Resources Center, food service and student study areas. In the spring of 2004, the Klamath Community College Board of Education accepted President Channell's retirement and appointed Vice President Fredrick Smith, Ph.D. as president on May 1, 2004. Subsequently, Dr. Smith resigned his position on August 1, 2007. Gerald Hamilton was then appointed as Interim President on September 1, 2007 and then President on February 26, 2008.

Credit and non-credit classes are offered at KCC and other locations throughout the community, and strategies are being explored for constructing an expanded campus on the College's adjacent 50 acres.

7) Health & Science Background

In the past decade, there has been tremendous growth in health-related programs, primarily in response to changes in the health-care industry. In the Health Care fields, growth is expected to increase 25% over the next seven years, more than any other major occupational group, creating roughly 25,000 health care job opportunities in Oregon by 2014. Approximately 70% of Oregon’s healthcare workers are trained in community colleges; thus, the need for additional trained and certified health workers in southern Oregon is undeniable. KCC will continue to serve its community by the increased provision of health care professionals for this growing job market.

Specifically, fields which are in need of employees are nursing, ambulance drivers and technicians, dental assistants, medial assistants, massage therapists, X-ray technicians, radiology technicians, laboratory technicians, medical technicians, hematology specialists, and many others. Additionally, numerous administrative staff members are required in support of the technical trades referenced here.

Supporting these initiatives, the demand for Science courses (especially the biological sciences and chemistry) has also greatly expanded. Currently, the College has only one science lab for teaching chemistry and biology and one lab for teaching agricultural science and geology. These rooms are severely taxed to provide for the variety of subjects and students they are called upon to serve.

The proposed facilities will provide office space for faculty and administrative support staff, classroom space for both science and health classes with multimedia systems, student activity spaces, labs for various computer training, and science labs, in addition to student activity space.

8) Career Technical Center Background

Currently, a variety of technical classes are held in locations throughout the Klamath basin. The College is in need of a multi-purpose building generally dedicated to the teaching of classes in technical subjects and trades.

Currently, the building is envisioned to comprise a Workforce Development Area, a Firefighting Training Area, an Auto Mechanics Training Area, a Construction Training Area, a Mechanical/Electrical/Manufacturing Training Area, and a Greenhouse. The Greenhouse is fundamental to the teaching of Agriculture, Biology, and Ecology. It will allow the demonstration of plant growth principles, inter-species competition, water uptake and usage, nutrient disposition in soils, and a host of other practical applications of theoretical principles. The Greenhouse will be a place where teachers interact with small and medium-sized groups of students as well as a place where students work individually to pursue their own research.

9) Project Schedule

The College intends to adhere to the following schedule, as best it can, recognizing that any number of diversions and contingencies may delay completion. The design and construction portion of the schedule is quite aggressive; the selected architect must have appropriate support staff to realize this schedule. It is assumed throughout the schedule that weather will be cooperative.


Activity Completion Date

Selection ProcessAdvertise and Publish RFP ..............................................................4/6/09Proposals due................................................................................4/28/09Development of “finalists” by evaluation team ...............................5/16/09Interviews and on-site presentations, week of ...............................5/25/09Contract negotiations, week of.........................................................6/8/09Architect contract signing, week of ................................................6/22/09

Initial Design Process Completion Date: end of month

Master Planning complete...................................................................7/09Programming complete ......................................................................8/09Site Analysis complete........................................................................9/09Preliminary/Schematic Design complete *.........................................10/09

Career and Technical CenterConstruction Tentative Completion Date: end of month

Design development complete..........................................................12/09Construction documents complete......................................................2/10Construction bidding complete............................................................3/10Contractor contracts complete.............................................................4/10Construction begins (weather permitting)............................................5/10Foundation Complete .........................................................................6/10Shell and Exterior Construction substantially complete.......................7/10Interior and Finishings substantially complete.....................................8/10Furnishings and Specialties substantially complete............................9/10Owner takes possession; occupancy initiates.....................................9/10Final Landscaping, punch-list and final completion...........................10/10

Health and Science BuildingConstruction Tentative Completion Date: end of month

Design development complete............................................................4/10Construction documents complete......................................................6/10Construction bidding complete............................................................8/10Contractor contracts complete.............................................................9/09Construction begins.............................................................................9/10Foundation Complete........................................................................10/10Shell and Exterior Construction substantially complete.....................11/10Interior and Finishings substantially complete.....................................2/11Furnishings and Specialties substantially complete............................4/11Final Landscaping, punch-list and final completion.............................6/11Owner takes possession; occupancy initiates.....................................8/11

* Note: The construction schedule depends almost entirely upon the Architect and Contractor planning for construction of the CTE building during the summer of 2010, and Fast-Tracking the entire structure for a Fall, 2010 occupancy. The issues governing these decisions are:

o The Owner wishes the CTE to precede the HSB, and,o The best cost scheduling, and,o Completion dates for each structure shall be in early fall so that ample time is provided for the transition

into each new structure before the beginning of the fall term

The architect shall conduct its design scheduling to accommodate Fast-Track design and construction of the CTE building and normal process for the HSB building thereafter.

END OF PART II


PART III: Conceptual Design Issues

Mission

All Klamath Community College buildings shall exemplify and radiate the following College mission.

A COMMITMENT TO THE COMMUNITY

Klamath Community College offers quality learning opportunities that enhance growth and development for the individuals, businesses and organizations within our greater community.

Some Other Design Criteria

The following issues have not been approved by the Board of Education; however, they are of paramount concern by the administration of the College and will be used to assess the validity of the design which is eventually offered as a result of this contract.

Sustainability

Sustainability is using, developing and protecting resources at a rate and in a manner that will enable Klamath Community College to meet current and future needs. Sustainability requires simultaneously meeting both college and community needs while being sensitive to both environmental and economic concerns. Sustainability implies that the College shall:

Develop sustainable campus design concepts. Develop sustainable buildings. Develop and integrate goals for sustainability and efficiency into the standards and practices. Increase the efficiency with which energy, water, material resources and land are used. Reduce releases to air, water and land of substances harmful to human health and the environment. Reduce and reverse adverse impacts on natural habitats and species. Utilize sustainable site planning and landscape design. Provide for the use of renewable energy sources wherever possible. Design for and use high quality and energy efficient lighting fixtures while minimizing light pollution. Provide for and construct energy efficient building shells Where possible, use energy efficient HVAC systems. Encourage the use of environmentally preferable building materials and recycled building materials. Expand and continue recycling and waste management programs campus wide. Encourage construction waste reduction and recycling. Encourage more efficient use of the automobile, including mass transit and carpooling as well as striving

to utilize efficient and alternate energy transportation vehicles whenever possible. Consider the existence of the “Rails To Trails” program and expand it in conjunction with the statement

directly above Encourage an understanding and appreciation for the environment and sustainability in students and

staff. Determine the long-term value of planning and design decisions through Life Cycle Analysis.

/// Klamath Community College /// RFP 09-01 /// Architectural & Engineering Services /// ..................................... /// Page 10 ///

Siting Issues

Zone Campus for efficient use of site. Integrate buildings and circulation systems with existing site contours. Work to respond to Campus context both internally and to the surrounding area. Site buildings in order to maximize views. Solar orientation for maximizing heating and natural lighting. Deal with air quality and noise issues associated with trade programs. Consideration of lawn expansion for student recreation versus maintenance costs.

Landscaping

Utilize native, low maintenance plant materials. Minimize lawn areas in unnecessary areas and other high maintenance plant materials where

appropriate; however, provide lawn areas where appropriate for students to gather and relax. Provide a greater variety of planting materials at key areas. Consider the potential for the addition of a recreational field.

Parking and Circulation

Integrate parking and circulation with existing contours and trees. Maximize parking opportunities within the site. Situate parking to facilitate shared parking lots. Locate buildings to accommodate pedestrian circulation and access to minimize the need for vehicular

circulation.

Wayfinding

Integrate campus and building signage. Identify gateways to campus.

Facility Design

Create phased development plans to allow for incremental growth. Create new facilities that are flexible and adaptable to change. Design new spaces that adapt to "information age classrooms" systems.

Solar Power on New or Significantly RenovatedPublic Buildings in Oregon

A bill passed in 2007 (HB2620), effective January 1, 2008, requires that all construction of new “public buildings” or major renovations comprising more than 50% of the existing building’s total value “contain an amount equal to at least 1.5% of the total contract price for the inclusion of appropriate solar energy technology in the public


building. Solar energy technology shall include solar electric or solar thermal systems and may include passive solar energy systems when a proposed passive solar energy system will achieve a reduction in energy usage of at least 20%.”

The legislation defines public buildings as buildings occupied by employees of state, local, or special government bodies, or buildings used to conduct public business. KCC buildings fall into this category.

However, there is a clause that allows for new public buildings or renovations to be exempt from the 1.5% standard if the contracting agency determines that the inclusion of solar technology is inappropriate. If solar is deemed inappropriate for a project, the “contracting agency shall spend an amount equal to at least 1.5 percent of the total contract price on the inclusion of appropriate solar energy technology in a future public building project.” This inclusion on a future project would be additional to the minimum 1.5% required.

The text does not describe how a contracting agency will evaluate a project the appropriateness for the inclusion of solar technology, but it does state that public improvement contracts must include standards established by the Department of Energy on the use and cost effectiveness of solar energy systems. A similar California Law looks at how much building space is available along with savings generated over the life of the solar energy system to determine if the project is feasible and cost effective. Whatever discretion given to the contracting agency in this law is accounted for by requiring it to compensate for the 1.5% on future public building projects.

The architect will be expected to address this issue and to formally report to the College the appropriateness of including a solar component in the design and the approximate costs of same.

END OF PART III


PART IV: College General and Financial Data1) Background

Klamath Community College is a public two-year coeducational institution serving students of all ages in South Central Oregon and Northern California since 1996. Governed by Chapter 341 of Oregon Revised Statutes, the College provides central instruction and training in liberal arts and sciences, professional-technical fields, developmental education and continuing education for members of its district. The community college district serves over 6,000 students each year with a full-time student equivalency of just over 1,450 FTE. At any one time there may be between 300 and 750 students on campus.

2) Employment

Klamath Community College employs a workforce of approximately 20 full-time faculty, 150 adjunct and part-time employees, and 45 administrative and classified staff.

3) Budget Distribution by Fund Allocation

The following allocations are approximate and are offered only to provide a summary of the operations of the College. Complete financial details of operations may be obtained from the Dean for Administrative Services. The most common Funds are shown in the left column and the right column contains the budgeted funds for Fiscal Year 2008-2009 in 2008 dollars.

General Fund: Instruction $ 3,401,149General Fund: Instructional Support 783,741General Fund: Student Services 802,462General Fund: Total College Support Services 2,670,548General Fund: Plant Operations 468,823General Fund: Debt Service 0General Fund: Financial Aid 131,600General Fund: Contingency 536,375General Fund: Transfers Out 2,130,031General Fund: Unappropriated Balance 2,665,804

General Fund Total 13,590,533Special Revenue Fund 06: Technology Fees 167,000Special Revenue Fund 07: Carl Perkins 125,614Special Revenue Fund 09: Special Projects 200,000Special Revenue Fund 10: Carl Perkins Reserve 44,130Special Revenue Fund 11: South-Central Oregon Access 199,800Special Revenue Fund 12: Financial Aid 3,684,951Special Revenue Fund 13: Pathways 97,680Special Revenue Fund 14: Trans Canada Book Loan 13,000Special Revenue Fund 16: Meyer Memorial Trust 200,000

Special Revenue Funds Total 4,732,175Enterprise Fund 70: Bookstore 596,000Enterprise Fund 71: Food Service 296,000

Enterprise Funds Total 892,000Reserve Fund 84: Reserve, Rainy Day 211,000Reserve Fund 85: Equipment Reserve 356,400Reserve Fund 86: Furniture Reserve 381,300Reserve Fund 87: Technology Reserve 293,900Reserve Fund 88: PERS Liability Reserve 93,100Reserve Fund 89: Building Reserve 1,346,500

Reserve Funds Total 2,682,200Capital Projects Fund 80: Debt Service Fund 464,531Capital Projects Fund 90: Capital Projects 9,370,649

Capital Projects Funds Total 9,835,180Total All Funds 31,732,088

END OF PART IV


PART V: Contract Requirements1) Sample Contracts

The selected Proposer shall provide and execute the AIA Document B141, Standard Form of Agreement Between Owner and Architect, 1997 Edition, Parts 1 and 2, as modified herein and specifically, with the Contract Amendments and attachments hereinafter identified. This agreement shall, with its attachments, amendments and any associated memoranda of understanding, constitute the Contract Documents for Architectural Services.

Each Proposer shall satisfy itself that it is willing to agree to and to execute these agreements, if awarded the contract for the project described herein. The College will entertain proposed Exceptions, Amendments or Qualifications to the proposed Contract documents. These may be proposed as part of the Proposal and will be addressed during the final negotiation phase of the award process. Additionally, final values will be inserted at that time.

The Architect shall furnish appropriate originals of AIA Document B141, 1997 Edition, Standard Form of Agreement Between Owner and Architect, and all associated attachments, and amendments to make up the Contract Documents for Architectural Services for signatures by both parties, configured as specified herein.

2) AIA B141, 1997 Edition, Part 1, General Issues

a) All insertions in this document shall follow normal practice except those identified directly below.

b) Paragraph 1.1.2.5: Add the following lines:

Amount of Owner’s budget for the Cost of the Work, including the Architect’s compensation, and other indirect project expenses.

c) Paragraph 1.1.2.6: Add the following lines:

As described in Exhibit C, Tentative project Schedule, this schedule shall be modified as project requirements and budgets are refined.

d) Paragraph 1.1.2.5: Add the following lines:

The project Owner is the Board of Education of Klamath Community College as represented by Mr. Gerald Hamilton, President of KCC.

e) Paragraph 1.1.3.5: Add the following line:

The consultants retained at the architect’s expense are shown in Exhibit C attached to this agreement. Refer to Exhibit C for a description of all consultants and especially for the summary of all specialized consultants to be retained by the Architect as “Additional Services”, with and without compensation.

f) Paragraph 1.1.5: Add the following lines:

As may be amended by the attached Exhibits.

g) Paragraph 1.4.1.2: Add the following lines:

The following documents delineate the Architect’s scope of services in conjunction with those defined herein:

Exhibit A: “Scope of Work”, RFP 09-01, Part VI, in its entiretyExhibit B: “Supplementary Conditions of Contract AIA B141, 1997"

RFP 09-01, Part VII, in its entirety


Exhibit C: “Project Delivery Parameters” RFP 09-01, Part VIII, in its entirety

Exhibit D: “Architect’s Fee Parameters”RFP 09-01, Part IX, in its entirety

Exhibit E: “Tentative Project Schedule” (as shown in Part II of RFP 09-01 and to be defined during negotiations)”

h) Paragraph 1.4.1.3: Add the following lines:

Exhibit E: “Tentative Project Schedule” (as shown in Part II of RFP 09-01 and to be defined during negotiations)”

i) Paragraph 1.5.1: Add the following lines:

All stipulated fees for Basic and Specialized Services pertinent to this agreement are delineated in Exhibit D.

j) Paragraph 1.5.2: Add the following lines:

If the services of the Architect are required for work on this project beyond 48 calendar months from the date of signing by the college, the fees shall be adjusted in accordance with the requirements of Exhibit D, Architect’s Fee Parameters.

k) Paragraph 1.5.3: The figure to be inserted in this paragraph (Change In Services) shall be negotiated.

l) Paragraph 1.5.4: The figure to be inserted in this paragraph (Mark-up of Reimbursables) shall be zero; that is, there shall be no mark-up on the cost of reimbursables; reimbursables shall be reimbursed at cost.

m) Paragraph 1.5.7: Use the figure “$0.00" for this insertion.

n) Paragraph 1.5.8: Use the figure “30 days” for “payments due” in this insertion and “60 days” for interest on unpaid balances due and “1.0 percent per month” for late payments.

3) AIA B141, 1997 Edition, Part 2, General Issues

a) All insertions in this document shall follow normal practice except those identified directly below.

b) Paragraph 2.8.1: Add the following inserts in parentheses:

.1 Up to (2) reviews of each shop drawing, product data item, sample and similar submittal of the Contractor;

.2 Up to a maximum of (96) visits to the construction site by the Architect over the duration of the project, during construction;

.3 Up to (2) inspections of any portion of the work to determine whether such portion of the work is substantially complete in accordance with the requirements of the Construction Contract Documents;

.4 Up to (2) inspections for any portion of the work to determine final completion.

c) Paragraph 2.8.3: Provide the following services as designated:

Services Responsibility Location

.1 Programming Architect (assistance by Owner)

.2 Land Survey Architect (Special Services)

.3 Geotechnical Services Architect (Special Services)


.4 Space Schematics & Flow Diagrams Architect

.5 Existing Facilities Surveys Owner

.7 Site Analysis and Selection Owner (Architect per Scope)

.8 Environmental Studies & Reports Architect (Special Services)

.9 Owner-supplied data Coordination Owner

.10 Schedule Development & Monitoring Architect (Special Services)

.11 Civil Design Architect “Off-Site” as “Additional Services”

.12 Landscape Design Architect (Special Services)

.13 Interior Design Architect (Special Services)

.14 Special Bidding or Negotiation Owner (by independent consultant)

.15 Value Analysis Owner

.16 Detailed Cost Estimating Architect (Special Services)

.17 On-Site Project Representation Owner / State of Oregon

.18 Construction Management Owner

.19 Start-Up Assistance Owner

.20 Record Drawings Architect

.21 Post Contract Evaluation Owner, Architect (Special Services)

.22 Laboratory Planning Architect

.23 Exhibit Design Architect

.24 Other Specialized Consulting Services Architect (Special Services)

.25 Lighting Consulting & Design Architect (Special Services)

.26 Sound Consulting & Design Architect (Special Services)

.27 Special Engineering Consultants Architect (Special Services)

.18 Board Presentations Architect Up 4 maximum

.29 Planning & Programming meetings Architect With staff and executives

d) Paragraph 2.9.1: Add the following lines:

Modifications to this Standard Form of Architect’s Services; Design and Contract Administration, if any, are as follows:

Exhibit A: “Scope of Work”, RFP 09-01, Part VI, in its entiretyExhibit B: “Supplementary Conditions of Contract AIA B141, 1997"

RFP 09-01, Part VII, in its entiretyExhibit C: “CM/GC Project Delivery Parameters”

RFP 09-01, Part VIII, in its entiretyExhibit D: “Architect’s Fee Parameters”

RFP 09-01, Part IX, in its entiretyExhibit E: “Tentative Project Schedule” (as shown in Part II of RFP 09-01 and to be defined during negotiations)”

END OF PART V


This entire part, when completed, shall be attached to the contract asExhibit A to AIA B141, 1997

Scope Of Work

PART VI: Scope Of Work1) Scope of Work

The project consists of providing a complete range of architectural and engineering services for the construction of two new facilities, including provision of a site utility plan, all programming, design, construction process overview, project close-out and all associated engineering services. The work includes the development of an architectural program to result in the construction of the desired facilities. The Architect shall propose, to the Owner, an appropriate design and construction methodology formulated to serve all the functions determined in the Architectural Program. The work includes, but is not limited to, the following:

a) The work encompasses localized master planning (see below), site planning, programming, and design of all site-specific functions such as utilities, roads, pathways, parking, landscaping, lighting, drainage and all other site requirements to ensure that each site is a completely functional and aesthetically pleasing environment for use as a CTC and an HSB as to be defined during the “Programming Phase” of the Architect’s services.

b) The work encompasses complete design and associated engineering of all new buildings totaling approximately 45,190 square feet of floor space. The facilities will include instructional and support spaces such as classrooms, computer laboratories, offices, conference areas, training facilities and associated spaces such as mechanical rooms, restrooms, communal areas and adjacent outdoor components as defined in the “Programming Phase” of the Architect’s services.

c) The Architect shall be responsible for the preparation of complete contract documents and for construction contract administration for all the above for the entire time from contract execution until successful completion and acceptance of the fully built project by the Owner. Additionally, the Architect shall contract for and provide any and all engineering and consulting services necessary to complete the design, drawings, specifications and project manual work in a professional, legal, timely and ethical fashion.

d) All work necessary for the completion of the project shall be in accordance with the applicable provisions of Oregon Revised Statutes, Department of Community Colleges & Workforce Development requirements, Oregon Department of Education specifications, all Oregon Energy Codes, Oregon and Klamath County Building Codes, latest editions, including all subsequent modifications and supplements, and with the Americans with Disabilities Act.

e) The Architect shall provide all basic services required to complete the project including all necessary services described herein or usually implied as a prerequisite for performance of the services whether or not specifically mentioned in this Agreement, including attendance by the Architect at project conferences and public hearings.

2) Definitions

a) Hereinafter, the Owner refers to the Board of Education of Klamath Community College; the Owner's representative is the College President, and his representative is the Dean for Administrative Services.

b) Klamath Community College is referred to as “College” or “KCC.”

c) Persons, firms, agencies, partnerships or companies submitting responses to this invitation are referred to as “Bidders” or “Proposers.”


d) The successful Bidder or Proposer to whom the work is awarded is referred to as “Architect,” “Firm,” or “Contractor.”

3) General Architectural Services

a) The Architect will provide all standard professional services in connection with this project. In addition, the Architect will provide services specifically described in this section and any other specialty and auxiliary services to provide complete design and contract administration services.

b) The Architect will incorporate all the College’s Conceptual Design Issues (Part III of this solicitation) into the design and construction documents.

c) All work by the Architect shall be performed in phases, as described in Paragraph 4, directly below. The Architect shall provide all these phases of the project. Work on each of these phases shall require prior authorization in writing from the Owner. Each such instruction may be by letter or electronic communication (e-mail). In each authorization to proceed, the architect will be instructed to proceed with the specific phase in question, instructions on inclusions and exclusions, and shall be given the budget which governs the work; i.e., it is possible that the first several phases may be governed by the largest anticipated budget, but that subsequent phases, due to funding limitations, may be governed by lesser amounts. It is also possible that schematic design may be desired for multi-phased construction but that working drawings may only be desired for the first phase of a multi-phased project. Instructions for proceeding with each phase will also include the necessities for the use of various consultants and fees for same may require additional negotiations to ensure that appropriate fees are included and inappropriate fees excluded from adjustments for each such phase. No fees shall be paid nor any expenses be reimbursed for work which is not authorized in advance in accordance with this paragraph.

d) The Architect will provide all standard and necessary consultants, including, but not limited to, Civil, Structural, Mechanical and Electrical engineering as part of Basic Services. Specialty consultants such as those for surveying, geotechnical services, security systems, low-voltage wiring, landscape and irrigation, acoustics, lighting, interior design, energy conservation functions, independent cost-estimating, and the like, shall also be retained directly by the Architect as necessary, as appropriate, and as approved by the Owner. Land Surveying Services, Geotechnical Engineering and Inspection and Testing Services shall also be retained directly by the Architect and shall be treated as part of the Basic Services group.

e) The Architect will design to the College’s budget and schedule, as provided in this RFP, or as amended subsequently by standard contract processes. The Architect's design must be within the College’s budget at Schematic Design, Design Development, and Construction Document phases. Any redesign to bring the project within the College's budget shall be done at no cost to the College.

f) The term “architect” shall be interpreted to mean all architectural and associated engineering services as may be required to provide complete architectural and engineering drawings and associated services as may be required to provide a complete and successful project. By this it is understood that the contract for “design” shall be issued to one architectural firm and that firm shall retain ALL engineering services and other consulting services as may be required. The college is not intending to enter into any separate contracts for ANY engineering services.

4) Work Specifics

The contract for architectural and associated engineering services includes the following for each discrete endeavor listed and described below.

a) Localized Master Plan

The Architect shall provide a “Localized Master Plan” for the entire project. The Master Plan is a picture of the project upon completion and a roadmap of how to get there. The Plan shall ensure that:

1) All facilities meet College and stake-holders objectives and design parameters;


2) Each phase of construction is planned, designed, bid and constructed so that all structures meet the requirements for space and utility;

3) All aspects of facilities “fit” each other and are universally coordinated;

4) There is no duplication of effort or space, and the entire facility is constructed with a maximum of efficiency and cost effectiveness.

The localized Master Plan shall serve as a guide for location of the new CTC and HSB and all exterior civil, mechanical, electrical and other functional elements required to service the buildings. The Architect will be responsible to the College for its implementation. When approved by the College, the Plan will be considered the physical facility development guideline, and will be binding on the architect, the engineer and the general contractor working on the facilities and grounds. This plan shall also provide the basis or future development of the campus.

The Plan shall address, among other issues, building planning, sustainable materials, beautification, parking, further growth, adjacent facilities, landscaping, utilities as well as any conjunction and attachment to existing facilities which may be incorporated into the overall design. The Plan shall also address the potential for expansion of currently planned structures and infrastructure should additional funds become available and additional needs arise.

Implementation procedures, design guidelines, and an annual planning review process should be discussed within the Plan.

At a minimum, the Master Plan should include the following:

• An overall site plan for the KCC Campus. • A site plan for each building (site).• Site drainage plan.• Utility plan. • An overall schematic floor plan for each site and each building.• A floor plan for each phase of construction.• Overall exterior elevations of each building. • Exterior elevations of each phase of construction. • Perspectives of each construction project* • Perspectives of each phase of construction* • Architectural renderings and models as applicable*• Specifications for materials, sustainability, safety, weather resistance.• Specifications for landscaping, pedestrian movement and parking.• Schedules for all construction**

* Optional, on owner approval** In conjunction with General Contractor

b) Site Performance Analysis Phase

Shortly after initiation of the contract the Architect, in conjunction with whichever consultants may be required, shall provide a report on the constructability of the chosen site. The report shall address the following topics and how each relates to the construction, use and function of each facility to be constructed on that location. Where it is inappropriate for the Architect to retain consultants implied below, the Architect shall recommend such retention to the Owner and the Owner will retain such consultants for the recommended work, should the work be desired.

Access and egress Adjacent property and associated relationships Adjacent noise sources and volumes (construction, airports, highways, academic noise

generators, etc.) Bearing capacity Building issues (bearing, basements, tree and wind safety, cleaning and maintenance, siting

suitability, parking suitability, special weather considerations, etc.)


Drainage Easements and encroachments General site analysis Human issues (wind and rain protection, allergies, safety, etc.) Landscaping Location Permitting (including environmental, traffic rerouting, and other unusual permits) Rainfall Road-building and parking Seismic issues Sewage and percolation Site lighting Soil stability and analysis Topography, trees, flora, prominent features Wind (prevailing direction, speed and gusts) Zoning Other issues as may be pertinent

This report shall be presented to the College at the earliest possibility after award of the contract, but in no case later than two months after award.

c) Utility Site Plan

The college is in need of a Utility Site Plan, that is, an engineering design for the entire 50-acre site showing the utilities plan for future developments of the property up to approximately 20 years in the future. Utilizing base maps of existing site conditions and existing Master Planning Documents, including but not limited to utilities provided by the College, the Architect shall furnish a complete Utility Site Plan which includes planning for the future development of the campus. This work will include a certain amount of staff interviewing and programming in order for the Architect to develop the conceptual understanding of the varied views of the potential for future development of the campus.

The Utility Site Plan, at a minimum, should include:

o Legal description and address of the propertyo Location of all buildings, driveways, parking, and other improvements with respect to

the property line, showing all dimensions from appropriate property lines o Location of the existing or proposed water main with size indicatedo Location of the existing or proposed water meter with size and maximum demand -

GPM indicatedo Show where the water service will be connected to the building o A detail of the backflow prevention device, if required o Location of all existing and proposed fire hydrants o All utility and other easementso Location of the existing and proposed sanitary sewer lines, with size indicatedo Location of all manholes and a manhole detail o Location and size of any grease traps with a detail of the trap o Location of all sanitary sewer cleanouts (where it comes o out of the building) o Location of the gas service and demand required o Location of the electrical service with size and point of attachment to buildingso Existing and proposed contour lines of the property o Indicate any on-site fire protection facilities including Fire Department o Indicate process for which water will be used o Any and all energy mitigation services such as solar, geothermal, etc.o North arrowo Reference point for site measuremento Clearly marked existing and future underground utilitieso Utility modifications planned within the next year


o Clearly marked water meters, fire hydrants, water and fire lineso Location and dimensions of easements and drivewayso Footprint of proposed and existing structures, including decks, fields, other

improvementso Square footage of every improvement and entire siteo Location of swales, rights-of-way, canals, water features (natural and man-made, etc.)o Tree Wellso Trees of all descriptions over four feet in height and or over a 1” calipero Width of rights-of-way and curb heights, if applicable

When complete, the Utility Site Plan will be used as a template for all future development of the campus.

d) Programming Review Phase

i) The Architect shall meet, as necessary, to review and re-establish the goals and objectives for the Project, with the Owner’s Design Committee, which will include representatives of Facilities, Management, Faculty, staff, students at the College and possibly community members. The Architect will evolve and finalize the Architectural Program for design of the facility. This process will require meetings with faculty, staff, College administration, the Board, and the community.

ii) Presentations may be required at the end of the Programming Phase to the College, the Board and the community. These presentations will convey the final program and the scope and nature of the Project.

e) Preliminary Design Development and Schematic Drawings

Upon approval of the project requirements, the Architect shall prepare design and preliminary documents consisting of preliminary drawings and specifications for approval by the Owner. At various junctures during this phase, the Architect shall submit to the Owner a statement of probable project construction cost and budget.

During this phase the Architect shall develop a Schematic Design for the project scope. The Architect shall meet with the appropriate building officials as early as possible to ensure that the plan review time will meet the project requirements.

f) Design Development

Upon approval of schematic drawings by the Owner, the Architect shall prepare preliminary documents consisting of preliminary drawings and specifications for approval by the Owner. The Architect shall submit to the Owner a further statement of probable project construction cost and budget. The Architect shall further assist the Owner in submitting any documentation for code or agency approval, such as a Development Plan. If required, a high quality rendering suitable for publication in newspapers and brochures will be produced during this phase. The rendering shall be delivered in both paper and electronic formats (if required).

During this phase the Architect shall refine the schematic design documents to represent changes in budget and the estimated cost of the work. The prior documents shall be updated to refine the scope, form, size and appearance of the project and the details of specialty areas shall be ascertained. Additionally, major materials shall be selected and researched, if necessary. At the end of this phase overall design and project understanding shall be such that construction drawings can be immediately undertaken.

The Architect shall meet regularly with College staff to review the progress of the design development. The Architect shall advise College staff whenever the estimated construction costs are tending to exceed the estimated budget. The design shall be carefully monitored and adjusted to stay within budget. The Architect shall provide a complete budget estimate at the end of Design Development for each portion of the Project.


The Architect shall provide continuous updates of architectural, civil, mechanical, electrical, structural and landscape plans to the Owner as they are developed and make value-engineering recommendations as appropriate.

g) Construction Documents Phase (Working Drawings and Specifications)

Upon approval of design development documents by the Owner, the Architect shall prepare working drawings and specifications for approval by the Owner, in order that the Owner may solicit bids for the construction of the project(s). The Architect shall advise the Owner of any adjustments to previous statements of probable project construction cost. The Architect shall further assist the Owner in submitting any documentation for code or agency approval, such as building permits.

The Architect shall continue to meet regularly with College staff to review the progress of the construction documents and shall continue to monitor the scope and budget as the documents progress. The Architect shall modify designs, plans and costs projections as necessary to stay within budget.

The Architect shall assist in the preparation of the bid packages, according to the contractual requirements. The College shall prepare, submit and obtain all permits necessary for the construction of the project. The College shall reimburse the Architect for payment of any City and County permit fees if the College chooses not to pay any of those fees itself.

h) Bidding Phase

Regardless of whether or not an independent consultant is retained to perform the bidding phase and to develop the bidding documents, the Architect shall prepare the building aspects of the Project Manual (all items related to Divisions 2 through 48) in order for the Owner’s Consultant to solicit bids from all reputable and suitable contractors for the construction of all facilities, all in compliance with Oregon Law, specifically, Oregon Revised Statute 279 and Oregon Administrative Rules 125 and 137, as applicable.

The Architect, following the Owner's approval of the Construction Documents, the Project Manual, and the latest estimate of Construction shall assist the Owner in the process of bidding the project. This assistance will include interpretation of the Construction Documents, responding to contractor questions, assisting at pre-bid conferences, assisting in the preparation of addenda, and ensuring compliance with all Oregon laws, as necessary.

The Architect shall assist the Owner in evaluating the bids received. The Architect shall prepare various summaries and tabulations of bids received and shall make recommendations to the owner for various contract awards. The Architect, upon approval of the Owner, shall then prepare the necessary construction contracts for the contractors’ and the Owner’s signatures.

i) Construction Phase (Construction Guidance, Modifications, Observations, etc.)

i) The Architect shall review construction schedules, and keep the Owner informed of the progress of the work, review shop drawings and other required submittals; review and approve materials, equipment and tests thereof; maintain accounts of the work including the issuing of change orders at the direction of the Owner; review contractor's applications for payment, and issue Certificates for Payment in approved amounts; and provide on-site observation of the work.

ii) The Architect shall make as many visits as necessary in accordance with the schedule for the project depending upon the construction activity at the time, but one visit per week to the site(s) while considerable work is in progress would normally be appropriate to understand the progress and quality of the work and to determine if the work is proceeding in accordance with the contract documents. A person qualified in each design phase of the project shall be available when required to support the necessary visits. A written report shall be provided to the Owner after each such visit indicating the date, time of day, and the names of the persons representing the architect/engineer who participated in the visit. The report shall advise the Owner of any problems or difficulties


that were noted.

iii) On the basis of on-site observations as an architect or engineer, the Architect shall make every effort to guard the Owner against defect and deficiencies in the work of the Architect.

iv) The Architect shall not be responsible for construction means, methods, techniques or procedures (other than those specified in contract documents), or for safety precautions and programs in connection with the work. The Architect, as part of the Basic Service, shall advise the Owner concerning correction of difficulties occurring in the building or equipment during the Contractor’s warranty period in a timely manner. Nothing in this paragraph shall be construed to limit or relieve the obligation to report any inappropriate, unprofessional or unsafe condition or activity at the earliest opportunity to the appropriate person or agency.

v) Additional requirements of the Architect during this phase are to:

A) Administer all Owner/Contractor agreements

B) Provide construction observation and guidance for each bid package or contract.

C) Participate in regular construction progress meetings throughout the life of the project, and produce and distribute minutes of all such meetings.

D) Provide regular and on-going construction observation and assistance to help the College to ensure that the work meets all specifications and applicable codes.

E) Review, process and approve all required submittals including contractor shop drawings.

F) Review all change requests and make recommendations as to whether costs are appropriate. Expedite all change requests and change orders. Ensure that all change orders receive approval of the State of Oregon (if required) and the College in all cases, before authorization of work and that all costs are either on a lump sum basis or a time and materials (T&M) basis with a not-to-exceed (NTE) limit. No T&M work will occur without a NTE limit. For work performed on a T&M or unit basis, monitor and ensure that accurate records are maintained.

G) Review and expedite all contractor requests for information and other similar documents.

H) Provide interpretation of the meaning and intent of the plans and specifications as becomes necessary, and expedite consultation and resolution with the contractor.

I) Monitor progress of work and recommend such action as may be necessary to keep project on schedule and within budget.

J) Review and make recommendations for all payment requests and physically check the work and materials connected with each payment request.

K) Review all requests for contractor time extensions. Work with the contractor, and the College to find solutions, wherever possible, to avoid delaying elements on the critical path.

L) Review all project record drawings for accuracy for permanent retention by the College, and provide final record drawings, both in hard copy and on a CD in AutoCAD, release 14 or higher.

M) Provide one-year warranty review, punch list and re-examination of corrective


work as an ”Additional Service” upon request of the Owner.

5) Estimates of the Cost of the Work

The architect shall provide to the Owner, estimates of the total cost of the work at various times through the design process. These estimates shall be based upon the most current knowledge of a professional who is skilled in the art of construction cost estimating. If such a person is not resident within the Architect’s firm, such cost estimates shall be provided by an independent consultant.

The preparation of construction cost estimates is a critical element within the services to be provided by the Architect because the Owner receiving the estimates is likely to rely upon them to make critical decisions about all aspects of the project and these decisions may affect the usefulness of the structure for many years to come.

A cost estimate shall be provided to the Owner at various stages of the working drawing process; specifically at 50%, 75%, 90% and 100% completion of working drawings. If the final low, responsive and responsible bid is greater than one percent above final estimate, the architect shall be responsible for any redesign and re-bidding should either become necessary to reduce the cost with a value within the budget provided by the Owner.

6) Meetings and Coordination

The Architect shall conduct and/or attend meetings to discuss schematic/preliminary and working drawings, pre-bid conferences, preconstruction conferences, and weekly and monthly construction meetings, all of which may be required by Owner, and shall maintain minutes of each meeting.

7) Selection of Consultants

Although the College understands that certain Architectural firms have preferences for certain consultants, the College shall have a role in the selection of each consultant to be contracted by the Architect and shall have final rights of approval for each such consultant.

Consultants shall be chosen during the negotiation phase by mutual agreement between the Owner and the Architect. Consultants shall be chosen primarily from the list provided by the Architect during the negotiation phase, but the College reserves the right to add other consultants to the list for consideration.

When all consultants are approved by the Architect and the College, the Architect shall proceed to retain the services of those approved consultants for the duration of the project. If any consultant is not performing to the expectations of the Owner or the Architect, both shall review that consultant’s progress and make a judgment on any required action. When such decision is made, the Architect shall perform the required activity, which may include remedial action, decrease in scope, claim for reimbursement, and/or termination of contract. If necessary, the Architect shall retain alternate consultant(s) as required.

END OF PART VI


This entire part, when completed, shall be attached to the contract asExhibit B to AIA B141, 1997

Supplementary Conditions Of The Contract

PART VII: Supplementary Conditions Of The Contract

Part A: General Requirements

1) Architect Status

Architect is engaged as an Independent Contractor and shall be responsible for all federal and state taxes as applicable to this contract and the payments made therewith. Whether Architect is a corporation, partnership, other legal entity, or an individual, Architect is an Independent Contractor. If Architect is an individual, Architect duties will be performed with the understanding that Architect is a self-employed person and has special expertise as to the services which Architect is to perform and that Architect is customarily engaged in the independent performance of the same and/or similar services for others. The manner in which the services are performed shall be controlled by Architect, however; the nature of the services and the results to be achieved shall be specified by the College. Architect is not an employee or agent of College and has no authority to make any binding commitments or obligations on behalf of College except to the extent expressly provided herein.

2) Representations and Warranties

Architect represents and warrants to College that:

a) Architect has the power and authority to enter into and perform this Contract,

b) This Contract, when executed and delivered, or incorporated by reference in a purchase order or other instrument of contract award, shall be a valid and binding obligation of Architect enforceable in accordance with its terms,

c) Architect has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Architect will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Architect’s industry, trade or profession,

d) Architect shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work.

3) Architect Employment

Architect will not be performing the subject Work under the direct control of the College or any of its personnel. Architect understands and agrees that it is NOT an "officer", "employee" or "agent" of the College, as those terms are used in ORS 30.265.

4) Assistance Furnished by the College

The College is unable to provide ancillary or support services to the Architect and can not make available any office space, office machines, telephone services, facsimile services, staffing or other services. No assistance shall be provided from the College to the Architect without prior approval by the College’s contract administrator.

5) Contract Coordination

a) The College will provide an individual in order to effectively coordinate the Architect’s tasks with


College administrative activities and to serve as a liaison between the College and the Architect. This individual may be called a Contract Administrator, Clerk Of The Works, Project Manager, Project Coordinator, Scheduler or other title depending upon the College’s selection of that person.

b) The College Contract Administrator designated herein shall use all powers under the contract to enforce its faithful performance. The Contract Administrator (or designee), shall determine the amount, quantity, acceptability and fitness of all aspects of the services being provided and shall decide all other questions in connection with those items.

6) Subcontracting and Assignment

Architect shall not subcontract its Work under this contract, in whole or in part, without College’s prior written approval. Architect shall require any approved subcontractor to agree, as pertains to the portion subcontracted, to comply with all obligations specified in this contract. Notwithstanding College’s approval of a subcontractor, Architect shall remain obligated for full performance of this contract and College shall incur no obligation to any subcontractor. Architect shall not assign this contract, in whole or in part, or any right or obligation hereunder, without College’s prior written approval.

7) Third-party Beneficiaries

The College and Architect are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

8) Foreign (Non-Oregon) Entities

Although the College does not require foreign Proposers to qualify in the State of Oregon prior to submitting a Proposal, it is specifically understood and agreed that any such proposing entity shall promptly take all necessary measures to become authorized to conduct business in the State of Oregon, at its own expense, in the event that the award is made to such entity, prior to conducting any business in the State of Oregon.

9) Reporting of Payments

The College shall report the total amount of all payments to the Architect including any expenses, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations.

10) Eligibility for Public Assistance or Support

Architect shall not be eligible for any Federal Social Security, State Worker’s Compensation, Unemployment Insurance, or Public Employees Retirement System benefits from the subject contract payments, and Architect shall be responsible for same as a self-employed individual/firm.

11) Contract Documents

In every case, the enabling Purchase Order and/or Notice to Proceed shall incorporate this document in its entirety, by reference, the Architect’s response submitted in answer to the invitation herein, and any other modifying documents such as clarifying submittals, cumulative change orders, addenda and renegotiated terms and schedules. These documents, in their entirety, shall be known as the contract documents and shall, in their entirety, state and control the activities of the parties to this contract.

12) Waivers

Architect agrees that waiver of, or failure by the College to enforce, any provisions, terms or conditions of this contract shall not operate or be construed as a waiver of prior or subsequent breaches or a waiver of the right of the College to enforce such provisions therebefore or thereafter.


13) Severability

Each provision of this agreement is severable, and if any provision is held to be unenforceable, the remainder of the provisions shall remain in effect.

14) News Releases

News releases by the Architect pertaining to the award of this contract and its progress and all associated activities, will be made only with the prior approval of the College.

15) Signs, Advertisements, Etc.

All signs, advertisements, displays, brochures, flyers, and other promotional materials, related to the activities of this contract and promulgated by the Architect shall be approved by the College.

16) Notices

Both legal and informational notices in compliance with this contract shall be deemed given when personally delivered or deposited in the United States mail, postage prepaid, certified, return receipt requested, ad-dressed to:

a) College: Contract Administrator

b) Architect: Address given in Response Documents to Solicitation

or such other address as either party may provide by notice given in accordance with this provision.

17) Legal Costs and Venue

a) In the event of litigation involving the terms and conditions of this contract or the performance hereunder, the prevailing party shall be entitled to recover reasonable attorney fees, costs and expenses from the losing party, including all such fees, costs and expenses of appeal.

b) State of Oregon law shall prevail throughout the execution of this contract and any performance hereunder. Any litigation undertaken with respect to the performance of this contract shall take place within the State of Oregon and State of Oregon Laws shall prevail throughout any such litigation.

c) All actions relating to this contract shall be tried before the courts of the State of Oregon to the exclusion of all courts which might have jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Klamath County, Oregon.

18) Payment Method

All payments to the Architect from the College shall be remitted by mail. Monies due under this contract shall not be assignable.

19) Payments To Architect

In the event that the Architect requests payment from the College, the College will accept invoices not more frequently than once per month. Each invoice shall be accompanied by records fully detailing the amounts stated on the invoice. Invoices shall be paid completely by the College within thirty (30) days of receipt of the invoice, except for items disputed or questioned. The Architect shall prepare verification data for the amounts claimed and provide complete cooperation during such investigation of any areas in the invoice subject to question.

20) Audit

Architect’s records shall be open to inspection and subject to audit and/or reproduction, during normal Working hours, by the College to the extent necessary to adequately permit evaluation and verification of


any invoices, payments or claims submitted by Architect or any of its payees pursuant to the performance of the contract.

21) Inspections

The College’s representative(s) shall be permitted access to all work premises and other College property at all times and shall be furnished every reasonable facility for ascertaining whether or not the Work is in accordance with the requirements and intent of the Contract Documents.

22) Operations and Storage of Materials

The Architect shall confine all operations and storage of materials at the premises to the limits indicated by law and permits and as further directed by the Contract Administrator. Neither the Architect nor any subcontractors nor any servant of the Architect nor of any subcontractors shall make any use of an existing College structure or any facility therein unless authorized to do so by the College.

23) Permits Licenses, Etc.

The Architect shall obtain and pay for any and all permits and licenses required by local, county, state or federal authorities before starting any Work, and give all notices and comply with all laws, ordinances, rules and regulations required for the Architect’s performance of the Contract. This paragraph does not pertain to construction and building permits, only to the Architect’s ability to do business in Oregon and in the County of record.

24) Specific Compliances

a) Architect shall comply with all federal, state, local and College laws, policies, rules and regulations and especially those related to:

o Environmental health and safetyo Workers’ Compensation. o Non-discrimination in employment.

b) Architect shall permit inspection of all service units under its control by the applicable authority and shall comply in a timely manner with all directives issued by such authorities and regulatory bodies.

c) All Work performed within the context of this agreement shall be in accordance with all Oregon Revised Statutes and all Oregon and local laws and regulations; and other Federal, State and Local laws and regulations as may be applicable to the College. Among the requirements herein, the Architect’s attention is drawn to the Oregon Safe Employment Act of 1973 which contains special requirements for reports and record keeping and to the requirements of the Oregon Bureau of Labor and Industries.

d) All materials and/or equipment delivered to the College shall conform to applicable requirements of Federal, State and Local Statutes and Regulations. This includes, but is not limited to, OSHA, fire regulations, and noise abatement requirements. All electrical equipment shall bear a UL or other approved label, and all rules pertaining to hazardous material shall be adhered to.

e) Any work which is not governed by said rules shall be governed by the best practices of the industry of which the Architect is a member.

25) Year 2000 Compliance

a) The Architect represents, warrants and covenants that all functions provided by the Architect including without limitation, any and all enhancements, upgrades, customizations, modifications, maintenance and the like, containing or calling on a calendar function including, without limitation, any function indexed to a CPU or other computer clock, and any function providing specific dates or days, or calculating spans of dates or days, shall record, store, process, provide and, where appropriate, insert, true and accurate dates and calculations for all dates and spans including and following January 1, 2000.


b) Architect shall indemnify, defend and hold College harmless from and against all claims, losses, damages or costs arising from Architect‘s breach of the foregoing mandatory compliance. This indemnification shall not be subject to any limitations of remedies or warranties which are contained in this or any other agreement and shall survive termination of this or any other agreement between the parties hereto.

26) Protection of Persons and Property

a) During the execution of the Work, the Architect shall provide and maintain all guards, railings, lights, warnings, and other protective devices which are required by law or which are reasonably necessary for the protection of persons and property from injury or damage.

b) The Architect shall protect, indemnify, and defend the College from every claim or demand which shall be made by reason of:

• Any injury to person or property sustained by the Architect or by any subcontractors or other person employed directly or indirectly by the Architect upon or in connection with the Work, however caused.

• Any injury to person or property sustained by any person caused by an act, neglect, default or omission of the Architect or any subcontractors or other person employed directly or indirectly by the Architect upon or in connection with the Work, inclusive, but not limited to the Services by Architect and injuries, deaths or property damage caused by the Architect’s owned, non-owned, or hired vehicles.

c) The Architect at the Architect’s own expense and risk, shall defend any and all actions, suits, or other legal proceeding that may be brought or instituted against the College on any such claim or demand and pay or satisfy any order, judgment or decree that may be rendered against the College in any such action, suit or legal proceeding.

27) Unrelated Business Activities

The Architect shall not operate a separate or alternate business of any kind from College facilities.

28) Intergovernmental Participation

Pursuant to Oregon Revised Statute 279A.200 to .225, other governmental agencies, bodies or districts may participate in the award resulting from this solicitation as if said agencies had generated this solicitation and made this award on their own behalf. Such participation shall be inaugurated on the basis of an intergovernmental agreement or letter notification of intent between the Participating Agency and the College. The Contractor (Architect) shall have the option of declining participation in any such agreement; that is, Contractor participation in Work or sales resulting from intergovernmental agreements shall be voluntary. If the Contractor chooses to participate in such agreements, all agency relationships including those for contract administration, ordering, deliveries, approvals, billing and collections shall be between the Participating Agency and the Contractor. The College, except for its enabling agreement, shall not participate in any aspects of commercial activity between the Contractor and the Participating Agency. If the Contractor agrees to participate, all such participation shall be on the basis of this solicitation and the resulting award except that reasonable changes in pricing and terms may be negotiated directly between the Participating Agency and the Contractor to accommodate differences in delivery distances and local conditions. All such changes shall be solely between the Contractor and the Participating Agency.

29) Silence of Specifications

The apparent silence of these terms, conditions, specifications and all associated contract documents as to any detail or omission concerning any specification shall be regarded as meaning that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement.


30) Ownership of Work

All reports from the Architect which result from this contract shall be the exclusive property of College and shall be delivered to the College upon completion of the work or the termination of this contract.

31) Delivery and Completion Dates

No exception to delivery dates shall be allowed unless prior written approval is first obtained from the Contract Administrator. The College reserves the right to cancel any undelivered or uncompleted portion of this contract if the Architect is in default of any provision of this agreement.

32) Delivery and Completion Time

Time of delivery and completion is of the essence and the College reserves the right to cancel any undelivered portion of this contract for failure by the Architect to deliver on time. Architect assumes responsibility of delay notwithstanding the cause.

33) Uniform Commercial Code

The UNIFORM COMMERCIAL CODE, as applicable in Oregon, shall govern all activities within the context of issue, delivery and payment on this contract.

34) Warranty of Software

Architect/Contractor/Licensor represents and warrants that any software delivered to the College does not contain any program code, virus, worm, trap door, back door, timer, or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of Licensor-selected conditions, or manually on the command of Licensor. This paragraph applies to electronic drawings, electronic messages and other computer-generated or digital information of any kind supplied by the Contractor.

Part B: Contract Engagement, Termination, Default, Renewal

1) Contract Engagement Term and Conditions Thereto

This contract, unless otherwise interrupted or canceled, shall be valid for the period indicated in the contract documents or completion of the Work, whichever is the shorter period. The contract engagement term may be renewed, extended or otherwise changed by Change Order or Notice to Proceed, whichever is applicable.

The contract may be canceled or terminated by the delivery of a certified letter from the College or delegate, at his or her sole discretion, giving thirty calendar days' notice of intent to cancel. If such notice is promulgated, the notice shall give reason for termination of the contract.

Valid reasons for contract termination, for example, may be lack of funds, unacceptable performance, lapse of required insurance coverage, lapse of required registrations, convenience of the College, or any other documentable reason. At the end of the thirty day period, if the notice is not rescinded by certified or registered mail from the College, the contract shall be deemed to have been terminated. Notwithstanding other portions of this agreement, this contract may be summarily terminated if any of the following actions take place:

a) The Architect is no longer qualified to perform the Work;

b) Any suit is filed against the College regarding the Contract or the Architect’s performance, which, in the opinion of a neutral third-party attorney, is significant and substantive and has a reasonable likelihood of success;


c) The Architect engages in anti-competitive activities such as blocking competition, displays of favoritism, improper patronage, fiscal impropriety or any other activities which, in the sole judgment of the College, are not in concert with the mission, ethics and scope of Work;

d) Failure to reach agreement on desired changes, additions or deletions.

2) Default

a) Default by Architect . Architect shall be in default under this Contract if:

(I) Architect institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or

(ii) Architect no longer holds a license or certificate that is required for Architect to perform its obligations under the Contract and Architect has not obtained such license or certificate within fourteen (14) calendar days after College’s notice or such longer period as College may specify in such notice; or

(iii) Architect commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Architect’s performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after College's notice, or such period as College may specify in such notice.

b) College’s Remedies for Architect’s Default. In the event Architect is in default, College may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to:

(I) termination of this Contract;

(ii) withholding all monies due for Work and Work Services that Architect has failed to deliver within any scheduled completion dates or has performed inadequately or defectively;

(iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief;

(iv) exercise of its right of setoff.

(v) failure to pay monies owing to the College within the required time.

These remedies are cumulative to the extent the remedies are not inconsistent, and College may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.

c) Default by College. College shall be in default under this Contract if College:

(I) Fails to pay Architect any amount pursuant to the terms of this Contract, and College fails to cure such failure within thirty (30) calendar days after Architect’s notice or such longer period as Architect may specify in such notice; or

(ii) Commits any material breach or default of any covenant, warranty, or obligation under this Contract, and such breach or default is not cured within thirty (30) calendar days after Architect’s notice or such longer period as Contractor may specify in such notice.

d) Architect’s Remedies for College’s Default. In the event College terminates the Contract or in the event College is in default and whether or not Architect elects to exercise its right to terminate the Contract, Architect’s sole monetary remedy shall be with respect to:

(i) services compensable on an hourly basis, a claim for unpaid invoices, hours Worked within any limits set forth in this Contract but not yet billed, authorized expenses incurred and


interest within the limits permitted under ORS 293.462, and

(ii) deliverable-based Work, a claim for the sum designated for completing the deliverable multiplied by the percentage of Work completed and accepted by College, less previous amounts paid and any claim(s) that College has against Architect.

In no event shall College be liable to Architect for any expenses related to termination of this Contract or for anticipated profits. If previous amounts paid to Architect exceed the amount due to Architect under this Section, Architect shall pay immediately any excess to College upon written demand.

3) Termination of Contract

a) The contract resulting from this solicitation may be terminated at any time by the College for good cause. Good cause may be such items as breach of contract by Architect failure of Architect to fulfill requirements for insurance, Workers compensation, professional registration, bonding or licensing, failure of Architect to perform in accordance with any requirements of the contract including the meeting of delivery dates, invoicing, filings, lack of promised or contracted functionality, etc.

b) This contract may also be terminated for convenience of the College with thirty (30) days notice prior to the effective date of such cancellation.

4) Cancellation for Unappropriated Funds

The obligation of the College for payment to the Architect is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.

5) Recovery of Costs in Event of Termination for Breach

(a) In the event of termination of the contract resulting from this solicitation by the College because of a breach by Architect, the College may complete the Work by contract with another appropriately qualified Architect. Architect shall be liable to College for any costs or losses incurred by College arising out of or related to the breach, including costs incurred in selecting other Contractors, time-delay losses, attorney fees and the like, less the remaining unpaid balance of the consideration provided in this contract.

(b) The College may withhold payment of sums due Architect for Work performed to the date of ter-mination until College’s costs and losses have been determined, at which time the College may offset any such amount due Architect against the costs and losses incurred by the College.

6) The Meaning Of Time

Time of delivery of services and completion of services is of the essence and the College reserves the right to cancel any undelivered portion of this contract for failure by the Architect to deliver services on time. Architect assumes responsibility of delay notwithstanding the cause.

Part C: Contract Modifications

1) Contract Changes

Changes can be made to the contract in any of the following ways:

The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price or commissions or fees of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.


The College may order changes within the general scope of the contract at any time by written notice to the Architect. Changes within the scope of the contract include, but are not limited to, things such as the method of service delivery and the place of service delivery. The Architect shall comply with such notices upon receipt. The Architect shall be compensated for any additional costs incurred as the result of such orders and shall give the College credit for any savings. Said compensation shall be determined by one of the following methods:

a) By mutual agreement between the parties in writing; or

b) By agreeing upon a unit price or using a unit price set forth in the contract, if the Work to be done can be expressed in units, and the Architect accounts for the number of units of Work performed, subject to the College’s right to audit the Architect’s records and/or to determine the correct number of units independently; or,

c) By ordering the Architect to proceed with the Work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Architect shall present the College with all vouchers and records of expenses incurred and savings realized. The College shall have the right to audit the records of the Architect as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the College within thirty (30) days from the date of receipt of the written order from the College. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price, or time for performance, the issue shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of Oregon statutes and administrative rules (ORS 279 and OARs 125 and 137). Neither the existence of a claim or a dispute resolution process, litigation or any other provision of this contract shall excuse the Architect from promptly complying with the changes ordered by the College or with the performance of the contract generally.

2) Contract Cost Adjustments

a) The costs and commissions as proposed and accepted by the College shall be firm for the initial contract term. The costs and commissions for subsequent terms shall be subject to an adjustment only if increases or decreases have occurred in the industry and are properly documented. Any requested adjustments shall be submitted to the College not less than sixty (60) days prior to the contract anniversary date.

b) The College may, after examination, refuse to accept the proposed adjustments if they are not

properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the College declines to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the College, the College reserves the right to terminate the contract upon giving thirty (30) days notice to the Architect.

3) Modification of Services (Deletions / Additions )

a) The College reserves the right to delete any portion of this Contract at any time without cause, and if such right is exercised by the College, the total fees/commissions shall be reduced in the same ratio as the estimated cost of the Work deleted bears to the estimated cost of the Work originally planned. If Work has already been accomplished on the portion of the Contract to be deleted, the Architect or College shall be paid for the deleted portion on the basis of the estimated percentage of completion of such portion.

b) The College may require additional items/duties of a similar nature, but not specifically listed in the contract. The Architect agrees to provide such items/duties, and shall provide the College prices on such additional items or duties based upon a formula or method that is the same or similar to that used in establishing the prices in her/his Proposal. If the price(s) offered are not acceptable to the College, and the situation cannot be resolved to the satisfaction of the College, the College reserves the right to procure those items from other sources, or to terminate the contract.

4) Unusual Circumstances


a) If, during a contract term where costs to the College are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party occur, and those circumstances significantly affect the Architect cost in providing the required items or services, then the Architect may request cost, fee or commission adjustments to reflect the changed circumstances. The circumstances must be beyond the control of the Architect and the requested adjustments must be fully documented. The College may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the College does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the College, the College will reserve the following options:

b) The contract can be terminated by the College upon giving thirty (30) days written notice to the Architect with no penalty to the College or Architect The Contractor shall comply with all contractual requirements until the termination date contained in the notice.

c) The College requires the Architect to continue to provide the items and services at the firm fixed (non-adjusted) cost until the termination of the contract term then in effect.

d) If the College, in its interest and in its sole opinion, determines that the Architect in a capricious manner attempted to use this section of the contract to relieve itself of a legitimate obligation under the contract, and no unusual circumstances had occurred, the College reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Architect in default and disqualifying it for receiving any business from the College for a state period of time.

e) If the College does agree to adjusted costs, these adjusted costs shall not be invoiced to the College until the Architect receives notice in writing signed by a person authorized to bind the College in such matters.

5) Departures from Terms of Contract

No direction or approval given by the College or any representative of the College which deviates in any respect from the contract documents shall be valid or recognized unless and until the same is reduced to writing and issued in the form of a written order over the signature of the appropriate College administrator. A valid email return address may be accepted by the Architect as a signature for the purposes of authorization to proceed with various phases of the work.

Part D: Staffing, Labor Relations, Supplier Relations, Personnel

1) Substitution of Personnel

The Architect’s proposed personnel shall be available for the initial contract term. In the event the Architect wishes to substitute personnel, it shall propose personnel of equal or higher qualifications and all replacement personnel are subject to prior College approval. In the event substitute personnel are not satisfactory to the College and the matter cannot be resolved to the satisfaction of the College, the College reserves the right to terminate the Contract for cause.

2) Contractual Relations with Material Suppliers and Labor

Architect shall:

a) Make payment promptly, as due, to all persons supplying the Architect labor, services, material, supplies, or provisions for the prosecution of the Work;

b) Pay all contributions or amounts due the Internal Revenue Service, the State Department of Revenue, State Industrial Accident Fund and Unemployment Compensation Insurance Fund or any other contributions required by law from the Architect incurred in the performance of the contract;


c) Not permit any lien or claim to be filed or prosecuted against the College on account of any labor or material furnished by the Architect;

d) Maintain Workmen’s Compensation Insurance and employer’s liability insurance as required by law.

3) Payment of Claims by College

If the Architect fails, neglects or refuses to make prompt payment of any claim for labor, services, material, supplies or provisions furnished to the Architect or a subcontractors or by any person in connection with the Contract as such claim becomes due, the College may pay such claim to the person furnishing the labor, services, material, supplies or provisions, and charge the amount of the payment against the funds due or to become due the Architect by reason of the Contract.

The payment of any claim in the manner herein authorized shall not relieve the Architect or the Architect’s surety from liability with respect to any unpaid claims.

4) Labor Relations

Architect shall be solely responsible for its own labor relations with any trade or union organizations and shall negotiate and adjust, in good faith, any and all disputes arising out of Architect’s operations with employees and/or unions representing its employees. Architect shall comply with all federal, state and local laws, policies, rules and regulations concerning employment and labor relations.

5) Wages

a) The Architect shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of the Architect, of all sums which the Architect agrees to pay for such services and all moneys and sums which the Architect collected or deducted from the wages of his employees pursuant to any law, contract or agreement for the purpose of providing or payment for such services.

e) The Architect shall comply with all requirements of Oregon Revised Statute 187 and all requirements of the Minimum Wage Laws in the United States. At a minimum, these shall include:

The Family and Medical Leave Act (FMLA)The Fair Labor Standards Act (FLSA)Service Contract Act (SCA)State Labor Offices RequirementsDavis-Bacon and Related Act (DBRAFair Pay - "White Collar" Overtime ExemptionsMinimum WageOvertime PayHours Worked (PDF)Recordkeeping (PDF)Deductions (PDF)

Prevailing WagesWage GarnishmentsYouth EmploymentEmployment of Workers with DisabilitiesIndustrial Home WorkersStudent LearnersService Contracts (SCA)Construction Contracts (Davis-Bacon)Construction Surveys (Davis Bacon)Walsh-Healy Public Contracts Act (PCA)Wage Determinations Online (WDOL)

6) Drug Free Workplace

During the performance of this contract, the Architect agrees to:

a) Provide a drug-free Workplace for the Architect’s employees,

b) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance is prohibited in the Architect’s Workplace and specifying the actions that will be taken against employees for violations of such prohibition,

c) State in all solicitations or advertisements for employees placed by or on behalf of the Architect that the Architect maintains a drug-free Workplace,


d) Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractors or vendor.

For the purposes of this section, "drug-free Workplace" means a site for the performance of Work done in connection with a specific contract awarded to a Architect, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance during the performance of the contract. Controlled substance includes marijuana for the purposes of this agreement.

7) Discrimination

The Architect agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, creed, color, national origin, ethnicity, gender, sexual preference or age with regard to, but not limited to, the following: Employment upgrading, demotion or transfer; Recruitment or recruitment advertising; layoffs or termination; Rates of pay or other forms of compensation; Selection for training; Rendition of services. Any Architect or subcontractor who is in violation of this clause shall be barred forthwith from receiving awards of any kind from the College unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely.

The Architect shall undertake in good faith, affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, ethnicity, gender, sexual preference or age, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religion, sex, age, disability, marital status, or national origin.

Part E: Insurance, Indemnity and Liability

1) Insurance

Architect shall maintain in force for the duration of this contract the insurance coverage specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which College may carry. Unless otherwise specified, each Certificate of Insurance shall show an insurance carrier licensed to do business in the State of Oregon and shall contain an endorsement entitling College to not less than 30 days prior written notice of any material change, non-renewal or cancellation.

The adequacy of all insurance required by these provisions shall be subject to approval by the College. Failure to maintain any insurance coverage required by this contract shall be cause for immediate ter-mination of this contract by College without notice.

The Certificate of Insurance called for in the paragraphs directly above, shall be executed on the form known as ACCORD - 25-S or equivalent, if computer generated.

2) Comprehensive General Liability

Architect shall maintain a broad form comprehensive general liability and automobile liability insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, with aggregate of $2,000,000 for bodily injury, personal injury or property damage. Policy shall contain a contractual liability endorsement naming College as an additional insured, and shall expressly provide that the interest of College shall not be affected by Architect’s breach of policy provisions. A fire legal liability endorsement to general liability coverage in the amount of $25,000 per occurrence shall be included.

3) Workers’ Compensation and Employers’ Liability Insurance


Architect shall maintain current policies of workers’ compensation and employers’ liability coverage; Architect shall comply with the Oregon Workers’ Compensation law (ORS 656) by qualifying as a carrier-insured employer or as a self-insured employer and shall strictly comply with all other applicable provisions of said laws. Architect shall provide College with such further assurances as College may require from time to time that Architect is in compliance with these Workers’ compensation coverage requirements and the Workers’ compensation law. Failure to maintain insurance in accordance with this paragraph shall be cause for immediate termination of this contract by College.

4) Professional Liability Insurance

Architect shall maintain professional liability insurance (“errors and omissions”) providing coverage in an amount not less than $2,000,000, with a deductible of not more than $25,000, to protect Architect from claims for errors or omissions arising from Contractor’s Work under this agreement. Failure to maintain professional liability insurance in accordance with this paragraph shall be cause for immediate termination of this contract by College.

5) Limitation of Liability (Force Majeure)

The Architect shall not be liable for failure to perform its obligations herein when such failure is the result of acts beyond the Architect control; some, but not all, such acts are acts of God or of the public enemy, acts of local, state or federal government in either their sovereign or contractual capacities, fires, floods, civil disobedience, strikes, lock-outs, freight embargoes, inclement weather, errors or defects in the data supplied by the College, etc.

6) Indemnity

a) General Indemnity: Architect shall defend, save, hold harmless, and indemnify the College Board of Education, its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever, including attorneys fees, resulting from, arising out of, or relating to the activities of Architect or its officers, employees, subcontractors, or agents or in any way connected with the Architect’s failure to perform fully hereunder and shall carry appropriate insurance for this purpose.

b) Indemnity for Infringement Claims: Architect expressly agrees to defend, indemnify, and hold College, its subdivisions, officers, directors, agents, and employees harmless from any and all claims, suits, actions, losses, liabilities, costs, expenses, including attorneys fees, and damages arising out of or related to any claims that the Work, the Work product or any other tangible or intangible items delivered to College by Architect that may be the subject of protection under any state or federal intellectual property law or doctrine, or the College’s use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask Work, utility design, or other proprietary right of any third party, received; the College shall provide Architect with prompt written notice of any infringement claim of which it may become aware.

c) In the event any such action or claim is brought against College, Architect shall, upon notice of the expense, promptly satisfy any judgement adverse to College and shall reimburse College for any loss, cost, damage or expense (including legal fees) suffered or incurred by College as a result of such action.

d) This indemnity applies to both active and passive acts, knowingly or unknowingly performed, or other conduct of the Architect and its employees.

e) In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there shall be no personal liability upon any public official.

7) Intellectual Property

All patents and other legal rights in or to inventions arising out of activities funded in whole or in part by the contract must be available to the College for royalty-free and nonexclusive licensing. The Architect shall notify the College in writing of any invention conceived or reduced to practice in the course of performance of the contract. The College shall have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use and authorize others to use, copyrightable property created under the contract.


8) Costs of Litigation and Associated Costs

Architect covenants and agrees that in the event suit is instituted by the College for any default on the part of the Architect hereunder and Contractor is found liable, Architect shall pay to the College all costs, expenses (expended or incurred) by the College in connection therewith, and reasonable attorney fees.

9) Duration of Insurance Coverage

All insurance defined above and required within the context of this contract shall remain in full force and effect from the date of contract origination to the date of one year following the final completion of the contract. Final completion shall be defined as that date on which final payment is made from the Owner to the Contractor (architect).

Part F: Incorporations, Riders, Amendments

The undersigned parties agree that the following changes, additions and deletions are hereby made to AIA Document B141, 1997 Edition.

The following provision is added at the end of Article 1.2.2.7:

“…but the Owner’s failure or omission to do so shall not relieve the Architect of its responsibilities hereunder and the Owner shall have no duty of observation, inspection, or investigation.”

Delete Articles 1.3.2.1, 1.3.2.2., 1.3.2.3 and 1.3.2.4 in their entirety and insert in lieu thereof the following provisions:

“Article1.3.2.1; All plans, designs, specifications, or other construction documents resulting from the professional services paid for by the College shall remain the property of the College whether or not the project for which they were prepared is constructed. Except as otherwise provided in this Article, such documents may be used by the College to construct another like project without the approval of, or additional compensation to, the Architect. The Architect shall not be liable for injury or damage resulting from any re-use of plans, designs, specifications, or other construction documents by The College, if the Architect is not also involved in the re-use project. The Architect may re-use his design documents however he so desires. The right of Ownership provided for in this Section shall not be transferable. Prior to re-use of construction documents for a project in which the Architect is not also involved, The College shall remove and obliterate from the construction documents all identification of the Architect, including name, address, and professional seal or stamp.”

Delete Article 1.3.3.2.7 in its entirety.

Delete Article 1.3.6 Claims for Consequential Damages in its entirety.

Delete Article 1.3.7.1 in its entirety and insert in lieu thereof the following provision:

“1.3.7.1 If there is any dispute concerning this agreement, the laws of the state of Oregon shall apply. Proper venue and jurisdiction for all lawsuits, claims, disputes, and other matters in questions between the parties to this agreement or any breach thereof, shall be in Circuit Court for Klamath County, Oregon”

The following provision is added at the end of Article 1.3.7.7.

“The Architect shall in each instance obtain the prior written approval of the Owner concerning exact text and timing of news releases, articles, brochures, advertisements, prepared speeches, and other information releases concerning this Agreement or the Project.”


The following provisions are added at the end of Article 1.3.7.9.

“Article 1.3.7.10: ALL POLICIES AND CERTIFICATES OF INSURANCE OF THE ARCHITECT SHALL CONTAIN THE FOLLOWING CLAUSES:

1. The Architect’s insurers shall have no right of recovery or subrogation against the College, it being the intention of the parties that the insurance policy so affected shall protect both parties and be the primary coverage for any and all losses covered by the herein-described insurance.

2. The College shall be named as additional insured as regards to automobile and general liability with respect to negligence by the Architect

3. The insurance companies issuing the policy or policies shall have no recourse against the College for payment of any premiums or for assessments under any form of policy.

4. Any and all deductible in the herein-described insurance policies shall be assumed by and be at the sole risk of the Architect.

Article 1.3.7.11 The Architect shall require all subcontractors/subconsultants retained by Architect to provide and comply with the above set forth insurance requirements.

Article 1.3.7.12 The professional and technical adequacy and accuracy of designs, drawings, specifications, documents, and other work products furnished under this Agreement shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession. Where Owner must have work done by change order or addition resulting from an error or omission by the Architect, Architect shall provide, at no cost to Owner, all professional services attributable to the change order. This is in addition to Owner’s right to recover from Architect damages for Architect’s errors and omissions.

Article 1.3.7.13 The Architect shall indemnify and hold harmless the Owner against any and all claims, demands, suits, costs, liabilities or judgments for sums of money, and fines or penalties asserted by any party, firm or organization for loss of life, or injury or damages to person or property, growing out of, resulting from, or by reason of any negligent acts, errors, and/or omissions, by the Architect, its agents, servants or employees, while engaged upon or in connection with the services required to be performed by the Architect under this Agreement.

Article 1.3.7.14 Further, Architect hereby agrees to indemnify the Owner for all reasonable expenses and attorneys’ fees incurred by or imposed upon the Owner in connection therewith for any loss, damage, injury or other casualty pursuant to this section. Architect further agrees to pay all reasonable expenses and attorneys’ fees incurred by the Owner in establishing the right to indemnity pursuant to the provisions of this section.

Article 1.3.7.15 While in the performance of services or carrying out other obligations under this agreement, the Architect shall be acting in the capacity of independent Contractor and not as an employee of the Owner. The Owner shall not be obligated to any person, firm or corporation for any obligations of the Architect arising from the performance of their services under this agreement. The Architect shall be authorized to represent the Owner with respect to services being performed, dealings with other agencies, and administration and control of construction contracts as intended by the provisions of Article 1.4 hereof.

Article 1.3.7.16 The Architect warrants that he has not employed or retained any company or person, other than a bona-fide employee working solely for the consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than bona-fide employees working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the College shall have the right to annul this contract without liability.

Article 1.3.7.17 This agreement shall be binding upon the successors and assigns for the parties hereto. This agreement being for the personal services of the Architect, shall not be assigned or subcontracted in whole or in part by the Architect as to the services to be performed hereunder without the written consent of


the Owner.

Article 1.3.7.18 The Architect shall use the most current version of the standard forms of documents adopted and specified by the Owner in the performance of the Design Phase and Bidding Phase and Construction Phase of this contract. These documents include, but shall not be limited to, the Agreement, the General and Supplementary Conditions, the Invitation to Bid, the Instructions to Bidders, bid forms, and other related documents specified by the Owner for a particular project. Notwithstanding anything to the contrary in this Article or in any other provision of this contract, none of the contract documents provided by Owner are or will become the property of the Architect but shall remain the property of the Owner to the extent the Owner has a property interest therein. Unless the context otherwise requires, capitalized terms used in this paragraph with initial capitals shall have the meaning indicated for such terms in the Owner’s contract documents.”

Article 1.3.7.19 In the event that the Architect modifies the Owner’s contract documents without the express prior written consent of the Owner, whether such modification is made by the Supplementary Conditions, the Specifications, Addenda, Written Amendments, Change Orders, or in any other manner, the Architect shall indemnify and hold harmless the Owner from any claims, lawsuits, or damages that arise out of or are attributable to the modification. In particular, this shall include, but not be limited to, modification to any contract warranties; liquidated damages; payment terms; substantial or final completion; subsurface conditions; drawing requirements; “or-equal” materials; insurance; notice to proceed; change orders; contract amendments, obligations, duties, or responsibilities of the Contractor, etc. This indemnification and hold harmless obligation shall include not only the damages suffered by the Owner but also all reasonable expenses including, but not limited to, any and all litigation or other dispute resolution costs and any and all professional fees incurred by the Owner as result of the Architect’s deviation from the Owner’s contract documents. Unless the context otherwise requires, capitalized terms used in this paragraph with initial capitals shall have the meaning indicated for such terms in the Owner’s contract documents.”

Article 1.3.7.20 The Architect shall accrue to the Owner all discounts, rebates, and refunds obtained with respect to any reimbursable expense incurred in connection with the Project.

Article 1.3.7.21 No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach hereunder, except as may be specifically agreed in writing.

Article 1.3.7.22 Approval by Owner of plans, studies, designs, specifications, reports, and incidental work furnished hereunder shall not in any way relieve the Architect of responsibility for the technical adequacy of its work. The Owner’s approval or acceptance of, or payment for, any of the Architect’s services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

Article 1.3.7.23 The duties and obligations imposed upon the parties under this Agreement, and the rights and remedies available hereunder shall be in addition to, and not a limitation of, any duties imposed or available at law or in equity.

Article 1.3.7.24 Owner shall not, under any circumstances, be liable for any damages (whether foreseen, unforeseen, actual, consequential, or otherwise) suffered by the Architect, its agents, or subcontractors (or anyone else for whom the Architect may be liable) arising from or in connection with any injury or damage suffered while on or around the specific project site or any portion thereof.

Article 1.3.7.25 Notwithstanding anything in this Agreement to the contrary, in no event shall the Architect or any subcontractors claim or receive any consequential or other special damages, or lost profits on account of any claim submitted in connection with this Agreement, including, without limitation, expenses arising from Owner’s performance or nonperformance of the terms of this Agreement, or otherwise, or claim damages for delay for any reason, for which the exclusive and sole remedy shall be an extension of the time for completion of the services, if such is warranted and permitted by Owner.”

The following provisions are added at the end of Article 1.3.8.7.

“Article 1.3.8.8 This agreement shall automatically terminate upon satisfactory completion of all services and obligations described herein.


Article 1.3.8.9 Upon termination the Architect shall be paid for actual work performed prior to the notice of termination on a pro-rata share of the basic fee based on the phase or percentage of work actually completed.

Article 1.3.8.10 Upon termination regardless of cause, the Architect shall deliver to the Owner all original documents, notes, drawings, tracings, computer files, and files except the Architect’s personal and administrative files.

Article 1.3.8.11 Should the Owner desire to suspend the work, but not definitely terminate the contract, this may be done by thirty (30) days notice given by the Owner in writing to that effect, and the work may be reinstated and resumed in full force and effect upon receipt from the Owner of thirty (30) days notice in writing to that effect. Architect shall receive no additional compensation for such termination.

Article 1.3.8.12 In the event that the Project is abandoned because of the lowest bona fide bid exceeds the Project budget, then no Termination Expenses of any sort shall be payable to Architect.”

The following language in Article 1.3.9, Payments to Architect, is altered as shown below:

Article 1.3.9.1 delete “…or on account of the costs of changes in the Work other than those for which the Architect has been adjudged to be liable.”

Article 1.3.9.2.1 add at the end of this paragraph, “if authorized in advance by Owner.”

Article 1.3.9.2.6 delete “expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect’s consultants;”

Article 1.3.9.2.8 add at the end of this paragraph, “if authorized in advance by Owner.”

The following language is added to Article 1.3.9, Payments to Architect:

“Article 1.3.9.2.9 The Architect shall furnish to the owner, at the Owner’s expense, sufficient sets of models, drawings, specifications and contract documents for checking and approval at each review stage of the Project and all necessary sets for the Owner’s records after receipt of bids. The Architect shall also furnish all required sets of plans, specifications and contract documents for the receipt of competitive bids and the construction of the project;

Article 1.3.9.2.10 All other expenses for reproductions for the Architect’s internal purposes, or for any other purpose whatsoever are to be at the Architect’s sole expense. Expenses of printing services shall be reimbursable by the Owner only in the event the Owner has specifically authorized them in advance.”

Delete Article 1.3.9.3 in its entirety and insert in lieu thereof the following provisions:

“1.3.9.3, Records of all reimbursable expenses and expenses pertaining to any change in services on the Project and for services performed on the basis of flat rates shall be kept on a generally recognized accounting basis and shall be available to the Owner or its authorized representative during business hours at the Architect’s office, and copies thereof shall be made and presented to the Owner with each request for payment.”

The following provision is appended to the end of Article 1.5 8:

“... unless such amounts or invoices are disputed by the Owner (the interest rate for late payments shall be as agreed herein per month calculated in arrears).”

ARTICLE 2.1. PROJECT ADMINISTRATION SERVICES


Article 2.1.2. In the first line, delete the words ”When the Project requirements have been sufficiently identified” and replace them with the words ”Promptly after receipt of notice to proceed,”.

Article 2.1.7.1. In the first line, delete the words ”When the Project requirements have been sufficiently identified” and replace them with the words ”As soon as practicable after receipt of notice to proceed,”. Delete the last 12 (twelve) words of the paragraph.

Article 2.1.7.3. Delete the last sentence of the paragraph.

Article 2.1.7.4. Delete this paragraph in its entirety.

Article 2.1.7.6. At the end of the first sentence, insert the following: ”Any such modification of the documents shall be subject to approval by the Owner and the Architect shall make all changes to the modifications required by the Owner without receiving additional compensation.”

ARTICLE 2.2. SUPPORTING SERVICES

Article 2.2.1. In the first line, after the words ”Article 2.8.3" add the words ”and Article 2.2.1.1.”

Article 2.2.1.1. At the beginning of the first line, delete the words ”The Owner” and replace them with the words ”The Architect”. At the end of line 3, add the following language ”or, if the Owner elects to develop its own program, the Architect shall review and verify it in compliance with the Scope of Work defined herein.”

ARTICLE 2.3. EVALUATION AND PLANNING SERVICES

Article 2.3.1. On the second line, after the words ”The Owner’s program”, add the words ”if provided by the Owner”.

ARTICLE 2.4. DESIGN SERVICES

Article 2.4.1.1. “Add a new paragraph 2.4.1.1., which states, ”The Architect shall provide all design documents to the Owner in an electronic format acceptable to the Owner, as well as in standard paper format.”

ARTICLE 2.6. CONTRACT ADMINISTRATION SERVICES

Article 2.6.1.1. Delete the last sentence in its entirety.

Article 2.6.1.2. In the last line, delete the number ”60" and replace it with the number ”90”.

Article 2.6.1.4. Delete the paragraph in its entirety.

ARTICLE 2.8. SCHEDULE OF SERVICES


Delete Article 2.8 in its entirety and replace it with a new Article 2.8 entitled ”Additional Services”, which consists of the following:

“Article 2.8.1. General. The services described in this Article are not included in the services described in Articles 2.1 through 2.7 and the Architect shall be entitled to compensation for them pursuant to Articles 1.5.2 and 1.5.3 of AIA Document B141-1997 Standard Form of Agreement Between Owner and Architect, as amended by the Owner’s Amendments. The services described in Articles 2.8.2, 2.8.3, and all Subparagraphs of those Articles shall only be provided if authorized by the Owner in writing. If services described under Contingent Additional Services in Article 2.8.4 and all Subparagraphs of that Article are required due to circumstances beyond the Architect’s control, the Architect shall notify the Owner before beginning such services. If the Owner believes that services described under Article 2.8.4 and any Subparagraph of that Article are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such contingent additional services are not required, the Architect shall have no obligation to provide those services.

Article 2.8.2. Project representation beyond the basic services.

Article 2.8.2.1. If more extensive representation at the site than is described in Article 2.6 is required, the Architect shall provide one or more project representatives to assist in carrying out such responsibilities.

Article 2.8.2.2. Project representatives shall be selected, employed, directed and paid by the Architect, and the Architect shall be compensated for same as agreed by the Owner. The duties, responsibilities and limitations of authority of project representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed to by the Owner and Architect.

Article 2.8.2.3. Through the project representatives, the Architect shall endeavor to provide further representation for the Owner against defects and deficiencies in the work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in the Agreement.

Article 2.8.3. Optional additional services.

Article 2.8.3.1. Providing financial feasibility or other special studies.

Article 2.8.3.2 Providing planning surveys, site evaluations, or comparative studies of prospective sites.

Article 2.8.3.3. Providing special surveys and environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project.

Article 2.8.3.4. Providing services relative to future facilities systems and equipment.

Article 2.8.3.5. Making measured drawings of such conditions or facilities and investigating existing conditions or facilities for the purpose of making measured drawings.

Article 2.8.3.6. Verifying the accuracy of drawings or other information furnished by the Owner.

Article 2.8.3.7. Coordinating construction performed by separate Contractors or by the Owner’s own forces and coordinating services required in connection with construction performed and equipment supplied by the Owner.

Article 2.8.3.8. Providing services in connection with the work of the construction manager or separate consultants retained by the Owner.

Article 2.8.3.9. Providing detailed estimates of construction costs.

Article 2.8.3.10. Providing detailed quantity surveys or inventories of materials, equipment and labor.

Article 2.8.3.11. Providing an analysis of owning and operating costs.

Article 2.8.3.12. Providing interior design and other similar services required for or in connection with the selection procurement or installation of furniture, furnishings and related equipment.


Article 2.8.3.13. Providing services for planning tenant or rental spaces.

Article 2.8.3.14. Making investigations, surveys, inventories of materials or equipment, or evaluations and detailed appraisals of existing facilities.

Article 2.8.3.15. Preparing a set of reproducible record drawings showing significant changes in the work made during construction based on marked up prints, drawings and other data furnished by the Contractor to the Architect.

Article 2.8.3.16. Providing extensive assistance in the use of equipment where systems such as initial startup, testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consulting during operation.

Article 2.8.3.17. Providing services after issuance to the Owner of the final certificate for payment, or in the absence of the final certificate of payment, more than 90 days after the date of substantial completion of the work.

Article 2.8.3.18. Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of basic services (such consultants might be Landscape Architects, Sound Engineers, Environmental Engineers, etc.).

Article 2.8.3.19. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice.

Article 2.8.4. Contingent additional services.

Article 2.8.4.1. Making revisions to drawings, specifications or other documents when such revisions are (1) inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner’s program or Project budget; (2) required by the enactment or revision of codes, laws or regulations after the preparation of such documents; or (3) due to changes required as a result of the Owner’s failure to render decisions in a timely manner.

Article 2.8.4.2. Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or the method of bidding or negotiating and contracting for construction.

Article 2.8.4.3. Preparing drawings, specifications and other documentation and supporting data, evaluating Contractor’s Proposals, and providing other services in connection with change orders and construction change directives.

Article 2.8.4.4. Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to drawings, specifications and other documentation resulting therefrom.

Article 2.8.4.5. Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work.

Article 2.8.4.6. Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor or by failure of performance by the Contractor.

Article 2.8.4.7. Providing services and evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.

Article 2.8.4.8. Providing services in connection with a public hearing or legal proceeding except w5here the Architect is a party thereto.”

END OF PART VII


PART VIII: Project Delivery Responsibilities

The Design/Bid/Build project delivery process requires a considerable amount of interaction among the three primary participants, the Owner, the Architect/Engineering Consultants (A/E) and the General Contractor (GC). It is assumed at this time that there will be no Construction Manager as a separate independent contractor; thus, the typical responsibilities of the Construction Manager shall be reassigned to the Owner and Contractor as appropriate. The roles, responsibilities and expectations of each of the three team members are spelled out below so that the relationship is clear.

1) Owner Overall Responsibilities

The specific responsibilities of the Owner include, but are not limited to, the following:

o Developing the selection process for the architect/engineers and general contractor.

o Supplying all existing site information: (e.g., soil conditions, existing utilities, existing building information).

o Developing and managing a total project budget.

o Developing a preliminary program for the project that describes what the Owner would like the completed project to accomplish.

o Deciding on the appropriate construction delivery system for the project (e.g., design-bid-build, CM/GC, or some other method).

o Managing the project from inception through the warranty period.

o Contracting for and managing a system performance program (i.e., commissioning), if desired.

o Managing project performance evaluation, if applicable.

o Ultimate responsibility for reviewing and approving any and all changes.

o Ultimate responsibility for final cost control of the project

2) Architect/Engineer (A/E) Overall Responsibilities

The primary role of the A/E is to design the project and guide the project through construction (construction administration). The design that is created must meet the Owner's expectations and needs, and be responsive to the Owner's budget for the project. It is the responsibility of the A/E to communicate the Owner's performance requirements, financial requirements and overall needs via the drawings and specifications and by monitoring the work.

During programming, the A/E shall consider the Owner's expectations and needs to develop a functional Architectural Program for design. As part of this process, the A/E shall interface with the local planning and building agencies to ensure that the design meets the applicable building codes and local regulatory requirements and shall be responsible for all drawing coordination.

It is crucial that the A/E produce and issue all design packages (preliminary, schematic, etc.) to the Owner in a timely manner. In addition, the designs need to be complete with all the detail and information necessary to bid the work. The A/E shall not issue incomplete designs and rely on addenda to pick up missing design elements or information, nor shall it depend upon “alternates” to ascertain the costs of any materials or processes. Alternates shall be used only in the most necessary of circumstances.

The specific responsibilities of the A/E include, but are not limited to, the following:


o Document interpretationo Supplying all new site information: (e.g., soil conditions, utilities, building information). This will require

obtaining the services of a soils engineer and a utilities locating service, and commissioning a hazardous materials study along with other investigations as may be necessary and appropriate.

o Complete design as in contracto Bidding assistanceo Contractor selection assistanceo Quality inspectiono Make suggestions as to product optionso Provide comparative estimateso Research performance and availability of materialso Advise as to the time impacts of various building systemso Prepare periodic cost estimates that include breakdowns of each project elemento Develop phasing of the bid packages and the work sequences (if requested by Owner)o Take full responsibility for the perfection of Cost, Schedule and Qualityo Reviewing changeso Issuing design corrections as neededo Review and processing of submittalso Certifying pay requestso Responding to RFIs. o Providing timely responses, especially to RFIs, submittals, and proposed changeso On-site representation beyond occasional jobsite visits

3) General Contractor Overall Responsibilities

Prior to construction (pre-construction services), the GC shall perform a variety of services including conducting value engineering and constructability analyses of the project.

The specific responsibilities of the GC firm during construction include, but are not limited to, the following:

o Perform all the standard functions of a general contractoro Control and manage schedule, budget, construction means and methods, quality, and safetyo Assure full coverage of the work by either self-performance or subcontractorso Conduct periodic audits to ensure that the project is on track and fully coveredo Provide all necessary record keeping o Obtain Owner approval for ALL work intended to be self-performed

4) Subcontractor and Vendor Overall Responsibilities

Subcontracting firms shall enter into a contract for their respective portion of the work directly with the GC firm. No formal contract is created between the Owner and any Subcontractor. Likewise, there is no contract between the A/E and the CG or the A/E and any subcontractor.

Though a prime contract exists solely between the Owner and the GC firm, the GC contract shall require that all its subcontractors abide by conditions within the GC contract. That is, the subcontractor shall adhere to conditions of the contract between the Owner and GC firm. While the subcontracting firm is a distinct entity, the Owner does not recognize the subcontractor as separate from the GC firm in the execution of the construction contract. Such a clause in the contract is called a "flow-through clause". When such a clause is included in a GC contract, it is important that the subcontractor be aware of the conditions of the GC contract because requirements may exist which affect the ability of the subcontractor to perform the work. Therefore, it is prudent for the subcontractor, when entering into a sub-contractual agreement, to review the GC contract for such requirements.

5) Relationships

With respect to the level of involvement by each party, there needs to be a clarification of interactions. When seeking input from one of the project parties, it needs to be clarified whether the response will be "advising" or "approval". In the tables below, the letters in the right columns have the following meaning:


L = Leadership role, this party is responsible for the indicated activity and all associated decision-making

S = Support role; this part provides an advisory role and should be involved in the process

N = Not applicable; the party has no role or responsibility in the activity

In the table below, the action item, shown in the left-most column, is the responsibility of the party identified as the “Leadership” party and those identified as “Support parties shall provide whatever support is appropriate and necessary to ensure that the action item is accomplished in accordance with the desires of the Leadership party.

6) Notes To “Responsibilities” Chart (directly following)

1. The Owner has primary responsibility to develop, at a minimum, its skeletal building program, but the A/E refines that program into a full Architectural Program For Design and further interprets the needs of the Owner into schematic plans.

2. The A/E sets its production schedule based on the overall project milestones established by the Owner and GC firm. The A/E is then responsible for meeting that schedule.

3. The Owner sets the desired occupancy schedule based on the design and construction duration anticipated by the GC firm.

4. Owner reviews plans and specifications for program requirements; GC firm reviews for cost and duration control; A/E reviews for quality control.

5. The GC firm rejects or approves each subcontractor payment request and, if approved, submits the payment voucher to the A/E for certification and submits a summary or requisition to Owner for payment.

6. For warranty service, the Owner contacts the GC or specific subcontractors responsible for the work under warranty, possibly with the assistance of the A/E, if required.

Responsibilities of Primary Project Participants and Activities Owner A/E GC Notes

Consultant Selection Owner selects A/E. L N NExecute A/E's contractual agreements. L S NEstablish responsibilities L S NEstablish communication procedures L S N

Conceptual Planning Develop Owner's program L S N 1Establish Owner's budget L S NEstablish construction budget controls L L NAnalyze program vs. budget S L NAdjust program vs. budget S L NAssess environmental compliance S L NSite selection and evaluation S L NRetain special consultants L L NObtain survey and soils test S L NCoordinate with governmental agencies S L NStudy spatial relationships S L NDevelop conceptual estimate S L NEvaluate budget vs. estimate S L NStudy financial feasibility L S NDevelop preliminary project master schedule S L N


Set A/E production schedule N L N 2Establish occupancy schedule S L NOwner's review and approval L S N

Schematic DesignUtility Site Plan S L Refine program S L NPrepare detailed design schedule N L NPrepare alternate schemes N L NAnalyze alternate schemes N L NRecommend basic materials and systems N L NPrepare schematic drawings N L NPrepare outline specifications N L NConduct value engineering analysis S L NPerform constructability analysis S L NEstablish reporting and accounting procedures S L NDevelop CSI bid package format N L NIdentify long-lead purchase items N L NDevelop phased construction schedule N L NBegin permitting process S L NReview with Fire Marshal plan and code officials S L NPrepare local planning and/or Zoning Board applications S L NInitiate preliminary utility company review S L NUpdate cost estimate S L NUpdate master construction schedule S L NAnalyze budget vs. estimate S L NSchematic design report N L NOwner's review and approval L S N

Design Development Finalize selection of components and systems S L NRefine outline specifications N L NConduct value engineering N L NComplete design development drawings N L NEstablish general conditions planning S L NUpdate construction schedule S L NCoordinate w/governmental agencies and utilities S L NDesign development report S L NOwner's review and approval L N N

Contract Documents Prepare and review plans and specifications N L NFinalize contract plans and specifications N L NConduct constructability review S L NFinal governmental agency review and approval S L NFinalize bid divisions of work N L NFinalize Owner occupancy schedule L S NPrepare cash flow schedule L S NProcure building permit S L N

Bidding And Award Advertise for GC bids L S NPlace legal ads for bidding L N NDistribute bidding documents L N NConduct pre-bid conference L S NTabulate GC bids (if requested) L N NEvaluate bids for award recommendation L S NEvaluate cost of project as bid L S NUpdate construction and master schedule S L NAward GC contract L N N


Develop detailed CPM construction schedule N N LConduct pre-construction conferences S S LSet disbursement schedules L S S

Construction Mobilization for construction N N LMonitor GC work S S LObserve for conformance to design S L S 4Evaluate progress S S LUpdate construction schedule as necessary S S LProcess shop drawing and sample control N S LCheck and approve shop drawing and samples N L SApprove GC progress payments L L SDisperse payments to contractor L S N 5Conduct job meetings S S LPrepare and log RFQs* and RFls* S L SRespond to RFQs and RFls S S LIssue change orders (const change directives) S L SAdminister safety program N N LAdminister security program N N LAdminister quality control program N S LMaintain as-built drawings N N LCoordinate Owner occupancy schedule S L S 3Prepare punch list S L SCoordinate completion of punch list S L LNotify substantial completion N N LCertify substantial completion S L SInspect for final compliance S L SDetermine final accounting L S SDetermine final payments L S SOwner's review and approval of GC payment L S S

Post-Construction Prepare record drawings based on assembled as-builts N L SPost-project evaluation (ORS 279.103) L S SProvide Warranty, Operating and Vendor Manuals N S LCoordinate work under warranty S S L 6

End Of Check List

* In this context, these mean Requests For Quotations from Architect to Contractor and Requests For Information from Architect to Contractor. In these cases, the Architect is acting as agent of the Owner and if appropriate, will pass on the information obtained from the GC to the Owner, most likely with a recommendation for the issuance of an amendment of the Owner/GC contract.

End Of Part VIII


This entire part, when completed, shall be attached to the contract asExhibit C to AIA B141, 1997Architect’s Fee Parameters

The Part is included for information only; it is not to be completed as part of the Proposal.Finalists will be asked to submit this section, fully completed, before the first interview and it shall become

part of the interview process.

PART IX: Architect’s Fee Parameters 1) Basic Services

a) Stipulated Basic Services Total Architectural Fee

Total Construction Budget ——————> Includes all basic services with on-site civil engineering, structural, mechanical, and electrical engineering, low voltage, voice, and data systems;

$10,242,550

Total Basic Services Fee ($)

b) Fee Allocation by phase of service

The Basic Service Fee shall be allocated according to the following schedule:

Total Construction Budget ——————> $10,242,550

Master Planning

Site Performance Analysis

Programming & Planning

Schematic Design

Design Development

Construction Documents

Bidding & Analysis

Construction Contract Award

Construction Administration

c) Notes to Basic Services Fees

Basic Services Fees, Additional Services Fees and Reimbursable Expenses shall be invoiced monthly as they occur; each line item within each category shall be itemized separately and shall be supported by reference to the B141 Contract, or by attached copies of expense receipts, or by a description of the reason for the expense.

2) Additional and/or Special Services

a) Notes On Estimated Fee Summaries

The following is a summary of estimated fees related to specialized consultants and services which are excluded from Basic Services and may be added at a future date as Additional Services, by Amendment to the Agreement, with additional Compensation.


b) Off-site Civil Engineering

1) Notwithstanding the requirements of sub-paragraph 2 directly following, Off-Site Civil Engineering as a general term, includes engineering work and consulting fees therefore, for any public improvements and any private access driveway and utility services beyond 300 feet in length, straight line measurement, from the nearest exterior of the foundation of the structure in question (project structure).

2) The Utility Site Plan, specified earlier, is excluded from the requirements for Off-Site Civil Engineering; that is, the Utility Site Plan shall be provided within the context of the fees for Basic Services.

c) Mark-Up on Additional and/or Special Services

All Special Consultant Services will be marked up by the percentage agreed upon in AIA B-141, 1997, Paragraphs 1.5.3 based upon actual final billings, as an administrative fee for the Architect. It is noted that there shall be no mark-up on the fees of the Consultants included in the Basic Services.

3) Reimbursable Expenses

Reimbursable expenses include all cash outlays of the Architect in order to ensure that the project progresses in a normal and functional manner. Permissible reimbursable expenses for travel shall follow the guidelines of Federal employees traveling within the Continental United States as shown on Internal Revenue Services Publication 1542. Travel expenses will be reimbursed for overnight travel only. Other than travel, this category includes such items as in-house printing, postage, fax costs, long-distance phone usage, etc. The printing and distribution of bid sets is excluded because this function is assumed to be billed directly to the Owner. If it is not, it is also reimbursable. Automobile travel cost shall be charged at the business rate authorized by the Internal Revenue Service at the time the expense is incurred. Reimbursable expenses are not subject to the mark-up shown in AIA B-141, Paragraphs 1.5.3.

4) Interpolation

If the Total Construction Budget, as finally computed and communicated to the Architect at the end of the Schematic Design Phase is different from one of the three options shown here, all associated fees beyond that Phase shall be computed as a direct ratio within the following schedule and associated phase fees shall be recalculated accordingly.

Basic Service Fee Final Total Construction Budget ($)

7,000,000

7,500,000

8,000,000

8,500,000

9,000,000

9,500,000

10,000,000

10,500,000

11,000,000

11,500,000

12,000,000

12,500,000

13,000,000

Note: This somewhat cumbersome schedule is made necessary by the implementation of the new Oregon


Administrative Rule 137 which took effect on March 1, 2005. The relevant paragraph reads,

137-048-0300 Prohibited Payment Methodology; Purchase Restrictions

(1) Except as otherwise allowed by law, Contracting Agency shall not enter into any Contract which includes compensation provisions that expressly provide for payment of:

(a) Consultant's costs under the Contract plus a percentage of those costs; or

(b) A percentage of the Project construction costs or total Project costs.

(2) Except as otherwise allowed by law, a Contracting Agency shall not enter into any Contract in which:

(a) The compensation paid under the Contract is solely based on or limited to the Consultant's hourly rates for the Consultant's personnel working on the Project and reimbursable expenses incurred during the performance of work on the Project (sometimes referred to as a "time and materials" Contract); and

(b) The Contract does not include a maximum amount payable to Contractor for the Architectural, Engineering and Land Surveying Services or Related Services required under the Contract.

5) Hourly Billing Rates

Where hourly rates must be used to calculate certain portions of the contract or special projects assigned within this contract, and hourly rates prevail up to a given maximum expenditure, the following hourly rates shall prevail throughout the contract unless amended in accordance with normal contract processes.

These rates include overhead, general and administrative costs and profit.

Personnel Category Hourly Billing Rate ($)

Principal/Officer

Project Architect

Project Engineer

Project Manager

Registered Engineer

Senior Architect

Graduate Architect

Business manager

Construction Inspector

Technician

Draftsperson

Clerical

Other

6) Authorization Of Work and Payment Of Fees (repeated from Part VII, paragraph 3, sub-paragraph C)

All work by the Architect shall be performed in phases. The Architect shall provide all these phases of the project. Work on each of these phases shall require prior authorization in writing from the Owner. Each such instruction may be by letter or electronic communication (e-mail). In each authorization to proceed, the architect will be instructed to proceed with the specific phase in question and shall be given the budget


which governs the work; i.e., it is possible that the first several phases may be governed by the largest anticipated budget, but that subsequent phases, due to funding limitations, may be governed by lesser amounts. It is also possible that schematic design may be desired for multi-phased construction but that working drawings may only be desired for the first phase of a multi-phased project. Instructions for proceeding with each phase will also include the necessities for the use of various consultants and fees for same may require additional negotiations to ensure that appropriate fees are included and inappropriate fees excluded from adjustments for each such phase.

No fees shall be paid nor any expenses be reimbursed for work which is not authorized in advance in accordance with this paragraph.

END OF PART IX


PART X: Instructions to Proposers

Disclosure To Proposers

The firm of Mahlum Architects was retained in 2008 to develop the campus master plan and to define preliminary floor areas and costs for the Phase One project (construction of the CTC and HSB structures). Previous to that WeGroup Architects was retained by KCC to perform some site plan work. Both projects are completed and both contractual relationships are concluded. Within the context of this solicitation, there are no preferences or advantages given to any firm which has performed work for the College.

This solicitation is for the selection of a firm to provide architectural and associated engineering services for the construction of Phase One of the Klamath Community College campus. Complete architectural and associated engineering services including a localized area Master Plan, design program and facility phasing for conversion into the use of the new facilities will be required from the firm selected as a result of this solicitation.

1) Definitions

The following definitions apply throughout this solicitation and all associated documents:

Klamath Community College is referred to as “College” or “KCC” or “Owner.”

Persons, firms, agencies, partnerships or companies submitting responses to this invitation are referred to as “Proposers” or “Respondents” or “Offerors.”

The successful Proposer to whom the Work is awarded is referred to as “Architect” or “Firm” or “A/E Firm” or “Architect/Engineer” or “Contractor”. In most cases the construction contractor is referred to as the “General Contractor”; however, on a few occasions the word “Contractor” refers to the “General Contractor”. In these cases, the context can be used to differentiate between a reference to the Architect and to the General Contractor.

Request for Proposal, Proposal Documents, solicitation, and invitation mean this Request For Proposal (RFP 09-01) in its entirety.

The required Work defined herein, provision of Architectural Services is referred to as the Services or the work.

2) Mandatory Qualifications

In order to qualify for award of the contract to provide the required services the Proposer shall comply with, have accomplished or have qualified with the following conditions. Only Proposals from firms which qualify with the following will be considered:

a) The Proposer shall be experienced in and fully capable of providing a variety of design and construction observation services required for the project defined herein as evidenced by experience, certifications and references submitted in response to this invitation; the structure of the Proposer’s firm, its history, its degree of professionalism, its stability, licensing, staffing, and its containment of all necessary skills, etc., will all be considered, all in relation to its ability to undertake and successfully complete the project defined herein;

b) The staffing within the Proposer’s firm to be assigned to this project has considerable experience in the design and construction of facilities for large governmental, municipal and/or post-secondary educational organizations;

c) The firm shall comply with all the business requirements set forth herein including those for insurance, Worker’s Compensation, availability, financial resources, and the like;


d) Not fewer than one of the firm’s practicing, licensed Architects shall be currently registered in Oregon to provide architectural services and shall have been registered as same, although possibly under different firm names than shown as “Proposer” herein, for not less than the immediately preceding five years to the date that the Proposal is submitted;

e) Not fewer than 51% of the principals of the proposing firm shall have completed not less than five consecutive years of provision of architectural services within the boundaries of the United States or Canada;

f) The proposing firm shall have designed and administered not fewer than three Architectural building projects all of which shall have been completed during the ten years prior to the date of proposal submittal and each of which shall have had a construction value of greater than $5,000,000.

g) The firm shall be registered with the Oregon Secretary of State to do business in Oregon (before contract is inaugurated), as a business registered to do business in Oregon in addition to its principal(s) being licensed as an Architect(s).

Proposers will be scored on these and other attributes, as indicated herein. Note that all requirements herein for dates and times are strict requirements and shall be calculated to or from 1201 hours (one minute after noon) on the date that proposals are due for submission.

4) Proposers’ Representation

The Proposer, by the act of submitting its Proposals, represents that:

a) It has read and understands the Proposal Documents and its Proposal is made in accordance therewith;

b) It has familiarized itself with the local conditions under which the work will be done and is satisfied with its knowledge of the project regardless of whether or not a site visit has been undertaken.

c) Its Proposal is based upon the requirements described in this RFP without exception (unless exceptions are clearly stated in the response).

5) Conditions of Submittal

By the act of submitting a response to this invitation, the Proposer certifies that:

a) The Proposer and each person signing on behalf of any Proposer certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its and their knowledge and belief, no member of the Klamath Community College Board of Education or other College officer, employee, or person, whose salary is payable in whole or in part by Klamath Community College, has a direct or indirect financial interest in the Proposal, or in the referenced services, or in any of the profits thereof other than as fully described in the Transmittal Letter submitted in response to this invitation;

b) The Proposer has examined all parts of the Request for Proposal, including all requirements and contract terms; and, if its Proposal is accepted, the Proposer, by the act of submitting its proposal, agrees to accept the contract documents hereto and all requirements for submittals herein, unless substantive changes are made in same without the approval of the Proposer.

c) The Proposer, if an individual, is of lawful age; is the only one with financial interest in this Proposal; no person, firm or corporation, other than that named, has any financial interest in the Proposal, or in the contract proposed to be entered into other than as fully described in the Transmittal Letter submitted in response to this invitation;

6) Interpretation or Correction of Proposal Documents

a) Proposers shall promptly notify the College of any ambiguity, inconsistency or error which it may discover upon examination of the Proposal Documents or of the proposed sites (if defined) and


local conditions.

b) Proposers requiring clarification or interpretation of the Proposal Documents shall make a request for same to the College’s point-of-contact for this solicitation, Mr. Lloyd Rain, either in writing to the submittal address on the cover sheet of this Invitation or by telephone to (541) 726-2000, or by email to [email protected] .

c) The point-of-contact will attempt to provide verbal clarifications where appropriate; however, any interpretations, corrections or changes of the Proposal Documents shall be made by written, published addenda. Interpretations, corrections or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes.

d) Should any doubt or difference of opinion arise between the College and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the College shall be final and binding upon all parties.

7) Requests for Additional Information

Requests for information regarding KCC services, programs, personnel or financial systems, or any other information shall be submitted in writing directly to the point-of-contact (paragraph directly above). All requests for clarification of any part of this solicitation or for additional information shall be submitted in writing on or before seven (7) calendar days prior to the Proposal submittal date (closing date). Answers shall be provided to all Proposers of record on the date that answers are available.

8) Addenda

a) Addenda shall be faxed or emailed and mailed to all who are known by the College to have received a complete set of Proposal Documents and shall be posted on the aforementioned web site, (www.rainassoc.com).

b) No addenda shall be issued later than four calendar days prior to the date set for receipt of Proposals except an addendum, if necessary, postponing the date for receipt of Proposals or withdrawing the invitation.

c) Each Proposer shall ascertain, prior to submitting a Proposal, that the Proposer has received all Addenda issued, and receipt of each Addendum shall be acknowledged in the appropriate location on the Proposal Form.

9) Competition

Proposers are encouraged to provide comment, either with their Proposals or at any other time, in writing, on any specification or requirement within this RFP which the Proposer believes will inordinately limit competition. (Also see “Complaints...,” below)

10) Complaints and Inequities

Any complaints or perceived inequities related to this RFP or award of work referenced herein shall be in writing and directed to Ms. Renee Ferguson, Dean for Administrative Services, at the Proposal submittal address on the cover page of this RFP and shall be received not later than seven (7) calendar days prior to the Proposal submittal date (closing date). Such submittals will be reviewed upon receipt and will be answered, albeit on a preliminary basis, not later than six (6) calendar days before the closing date for submittals.

11) Protests

a) Proposers who believe RFP specifications are unnecessarily restrictive or limit competition shall submit their protest to Ms. Renee Ferguson, Dean for Administrative Services, at the Proposal submittal address on the cover page of this RFP. Protests concerning the RFP, including requests for changes of particular provisions or specifications or other terms and conditions, shall be submitted in writing not later than seven (7) calendar days prior to the closing date of this RFP. Any

http://www.mhcc.com/



such Protest shall include the reason for the protest supported by documented factual information and any proposed changes to the requirement. The College shall review the protest, and shall respond in writing, albeit on a preliminary basis, not later than four (4) calendar days before the closing date for submittals. The College will not consider any solicitation protest submitted after the deadline established herein.

b) All Proposers will be notified when a final selection has been made; that is, a Proposer has been identified for recommendation for award. Any Proposer who claims to have been adversely affected or aggrieved by the selection process and wishes to protest any part of the process and any associated decision shall deliver a written protest within seven (7) calendar days after receiving notification of intent to award is promulgated. To be adversely affected or aggrieved, the Proposer must demonstrate that higher-ranked Proposers were ineligible for selection and provide all necessary detail for such a claim. Simply making such a claim without supporting detail is an inadequate basis for such a claim and such a protest shall not be considered. The College shall not consider any protest submitted after the protest period established herein. The College shall immediately consider all timely and detailed protests and shall rule on the validity of each protest at its earliest opportunity. All such rulings shall be final.

12) Cost of RFP and Associated Responses

This RFP does not commit the College to paying any costs incurred by any Proposer in the submission or presentation of a Proposal, or in making the necessary studies, travel arrangements and any other associated costs for the preparation thereof. Responses to this solicitation, in all its avenues, are purely voluntary.

13) Right to Clarification and Additional Research

a) The College reserves the right to obtain clarification of any point in a Proposal or to obtain additional information necessary to properly evaluate a particular Proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in a finding that the Proposer is non-responsive and consequent rejection of the Proposal.

b) The College may obtain information from any legal source for clarification of any Proposal or for information on any Proposer including, but not limited to, the Proposer’s clients, police files, insurance files and agencies, credit bureaus and professional organizations. The College need not inform the Proposer of any intent to perform additional research in this respect or of any information thereby received.

c) The College may perform, at its sole option, investigations of any Proposer. Information sought may include, but shall not necessarily be limited to credit history, recent financial statements, insurance coverage and policies, current litigation, contracting references, etc. All such documents, if requested by the College become part of the public records and may be disclosed accordingly. If the College finds that a Proposer is unable to demonstrate financial responsibility in accordance with ORS 279B.110 in the sole judgment of the College, that respondent’s Proposal shall be declared non-responsible and the subject Proposal shall be rejected in accordance with that finding.

14) Quantity of Proposals

Each Proposer may submit only one Proposal in its name.

15) Number of Copies

Each Proposer shall submit one original and seven identical copies of its Proposal distributed as required on the cover sheet of this RFP. Proposals shall be identified on their cover sheets or front page as "Original" or "Copy" as applicable.

16) Rejection of Proposals

The College reserves the right to reject any or all Proposals received as a result of this request. Proposals may be rejected for one or more of the following reasons, including but not limited to:


a) Failure of the Proposer to adhere to one or more of the provisions established in this RFP;

b) Failure of the Proposer to submit a Proposal in the format specified herein;

c) Failure of the Proposer to submit a Proposal within the time requirements established herein;

d) Failure of the Proposer to adhere to ethical and professional standards before, during or following the Proposal process.

e) Failure of the Proposer to provide all costs and fees requested and in the format specified.

The College may reject any Proposal not in compliance with all prescribed public procurement procedures and requirements, and may reject for good cause any or all Proposals upon a finding of the College that it is in the public interest to do so.

17) Selection of Secondary or Ancillary Consultants

The College intends to purchase all the required services from one Proposer only (and that Proposer’s supplementary or secondary consultants as recommended and approved). However, the College reserves the right to purchase any secondary or ancillary services separately from any available source when it is in the best interest of the College to do so, at the sole discretion of the College.

18) Modification or Withdrawal of Proposal

a) A submitted Proposal may not be modified, withdrawn, or canceled by the Proposer for 60 (sixty) calendar days following the time and date designated for the receipt of Proposals except by non-material clarification and College-requested supplementary submittals. (Material content involves quality, quantity, price and delivery.)

b) Prior to the time and date designated for receipt of Proposals, Proposals submitted early may be modified or withdrawn only by notice to the recipients designated on the cover sheet of this solicitation. Such notice shall be in writing over the signature of the Proposer or may be electronically transmitted; if by facsimile, written confirmation over the signature of Proposer shall have been mailed and postmarked on or before the date and time set for receipt of Proposals. All such communications shall be so worded as not to reveal the dollar amounts of the original Proposal or any other material contents of the original Proposal. If any such notifications are promulgated, ensure that they are sent to both submittal addresses.

c) Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers.

19) Proposal Ownership

a) All Proposals submitted become the property of the College and, as such, are considered public information and subject to public disclosure within the context of the federal Freedom Of Information Act and Oregon Administrative Rule 137-047-0630 (3).

b) Unless certain pages or specific information are specifically marked "proprietary" and qualify as such within the context of the regulations stated in the preceding paragraph, the College shall make available to any person requesting information through the College's processes for disclosure of public records, any and all information submitted as a result of this solicitation without obtaining permission from any Proposer to do so. Prices, makes and model or catalog numbers of items offered; scheduled delivery dates; and terms of payment shall not be confidential but shall be publicly available regardless of any designation to the contrary. No Proposal or its associated information and clarifications shall be made public before award of the contract identified herein OR until this solicitation is terminated or cancelled.

c) If this solicitation is cancelled before the date and time set for receiving Proposals, all Proposals received will be returned to their points of origin unopened at the expense of the College. If the solicitation is cancelled after the date and time set for receiving Proposals, all Proposals received will be owned under the terms of sub-paragraph a) directly above and may be disclosed in


accordance with the terms of sub-paragraph b) directly above.

20) Prevailing Opinion

Should any difference of opinion arise between the College and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions herein, the College’s decision shall be final.

21) Award Intent

It is the intent of the College to award the contract on the basis of the most attractive offer considering experience, capabilities, services and costs to be provided and it is the College's desire to have a firm selected for the provision of the required services in accordance with the Schedule in Part II of this solicitation.

22) Whole Dollars Considered Only

Throughout the Proposal analysis only whole dollar amounts shall be considered. Where Proposal amounts show fractions of dollars, the fractional amount shall be disregarded without rounding. Any ranking done by costs shall be based upon the truncated whole dollar amount; that is, upon that portion to the left of the decimal point only, as presented by the Proposer.

23) Language Requirement

The College conducts its business, contractual and legal affairs in American English as taught in most of the nation’s law schools and as used for all legislative and statutory activities in the State of Oregon. All submittals in response to this solicitation shall be in clear, concise English since such submittals may become part of the contract documents. Any submittal not in compliance with this requirement may be ruled nonresponsive at the sole discretion of the College.

24) Consultants and Subcontractors

The successful Proposer, after award, shall assume full responsibility for any subcontractors and consultants it might utilize and shall remain the College’s point of contact for all concerns, orders, service calls, invoicing and responsibilities related to the contract resulting from this solicitation. The contractor (successful Proposer) shall be required to identify any and all consultants and subcontractors that will be used in the performance of the contract and shall identify the capabilities, experience and portion of the work to be performed by proposed consultants and subcontractors. The competency of these firms with respect to skill, responsibility and business standing shall be considered by the College when making the award. Any future changes in subcontractors and/or consultants must be mutually agreed upon in advance.

25) Debarment

The Proposer certifies that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. A Proposer who cannot certify this statement shall attach a written explanation for review by the College in the transmittal letter of the Proposal.

26) Failure to Honor Proposal

If a Proposer to whom a contract is awarded refuses to accept the award or fails to deliver a signed contract in accordance with the contract terms and conditions, the College may, in its sole discretion, suspend the Proposer for a period of time from entering into any contracts with the College and shall report the incident to the Attorney General of Oregon and any licensing boards under which the Proposer is licensed.

End Of Part X


PART XI: Proposal Evaluation

Comment on Evaluation and Selection Process

The College, including the members of its Board of Education and its senior administrators, fully understand that all Proposers will be highly qualified and capable of performing this commission admirably and without difficulty. We understand that the Proposal process is cumbersome and perhaps somewhat formidable, that it is time-consuming and expensive, and that it is fraught with subjective judgments and almost impossible decisions. There is a part of each of us that wishes we could award to all Proposers; however, the nature of the endeavor upon which we embark does not permit us to do so. In the final analysis, we are custodians of public funds and we must act in what we believe to be the best interest of the public at large. Thus, we can promise each Proposer nothing at the end of the solicitation and evaluation process except for this;

You will be treated as fairly, objectively and respectfully as humanly possible and we will communicate every appropriate stage and decision to you including a complete debriefing for anyone who wishes it.

We thank you in advance for taking the time to submit a Proposal for our consideration and we wish each of you the best of good fortune throughout this process.

1) Evaluation Overview

This solicitation is being conducted under the rules of the following citations:

o ORS 279C.400+, “Competitive Proposals”o OAR 137-047-0261, “Competitive Range, Multi-Tiered and Multi-Step Proposals”o OAR 137-048-0130, “Pricing Information: Disclosure Of Proposals”, Sub-Paragraph c),

Selecting a consultant on the basis of price and qualificationso Ibid, “Commentary: -3-, Local Contracting Agencies”

A modified form of the Qualifications Based Selection (QBS) process will be used; that is, the process will be centered on the Proposer’s qualifications, skills, knowledge and abilities but with the approximate fees also known during the latter stage of the selection process rather than in arrears of the selection process.

The following steps shall be taken to analyze and rank the Proposals, and to finalize a contract for delivery of the architectural services.

a) Written Proposals submitted to the College in accordance with this RFP will be evaluated by an evaluation committee consisting primarily of selected College employees and Board of Education members; consultants may be used in this capacity from time to time.

b) Proposals will be scored in the format of Attachment A to this RFP. Any firm's response to this RFP shall be considered de facto permission to the College to disclose Attachment A, and associated summaries, when completed, to selected viewers of its choice and same may be included in award recommendation memoranda.

c) The evaluation committee will hold interviews of the top-ranked two or three or four firms; these proposers will be designated as “finalists.”

d) Site visits to finalists’ offices, construction sites, various structures designed by the finalists, and to references given, may be undertaken and other references may be evaluated by various means.

e) Proposals shall be ranked based on evaluation of all available information, with the highest- ranked Proposer being that which is deemed to be the most appropriate to the specific needs of the College and fully able to perform the required services; the second-ranked Proposer being the next most appropriate, etc., all in the sole judgment of the evaluation committee, the College


administration and the Board of Education.

f) The evaluation committee will then submit its ranked list to the College administration. If approved, a formal recommendation for award will be submitted to the College Board of Education, the top-ranked finalist probably being awarded the contract. If, for any reason, any Proposer is unacceptable to the College administration and/or to the Board, the process will be repeated until a firm acceptable to the College is identified.

2) Proposal Analysis Process

Proposals shall be analyzed in the following manner:

a) Members of the evaluation committee will read the Proposals and Proposals will be divided into two groups, those which are considered “responsive” and “responsible”, and those which are not. Those which are not will be withdrawn from consideration.

Note: Responsive means that the Proposal has complied with all the requirements of this invitation; Responsible means that the Proposer has been truthful, that pertinent negative information has not been withheld, that the Proposal is not a sham, that the Proposer and named staff are qualified as specified, that the Proposer is adequately financially sound for a reasonable expectation of completion of the work, and that the Proposer, in the judgment of the College, is capable of performing the work (see ORS 279B.110).

b) Proposals will then be evaluated on a “pass/fail” basis for each of the primary factors shown in Part XI, Paragraph 2, Mandatory Qualifications). Proposals which do not pass all categories will be removed from consideration.

c) On the remaining group of active proposals, scoring shall be completed as shown on Attachment A as rated by each member of the evaluation committee. When that is complete, all scores will be added and averaged for each Proposer. Proposals will then be ranked in terms of descending order of the total Proposal Score.

d) The top ranked two, three or four Proposers will be invited to present their qualifications and design experience in interviews with the evaluation committee and may be requested to give an oral presentation of their Proposal and their Fees. This will provide an opportunity for each Proposer to clarify or elaborate on the Proposal. This is a fact finding and explanation session only and will not include negotiation. The College will schedule the time and location of these presentations. Oral presentations are an optional part of the process and may or may not be conducted. Should a Proposer receive an invitation for an oral presentation, the specific requirements for the agenda will be detailed in a written notice of the request. Agenda for each invitee may be different depending upon those particular aspects of the Proposal which may require clarification or additional information. Interviews and presentations of remaining candidate firms will be held at the discretion of the committee.

e) For the interview, each Finalist will be required to provide a Maximum Project Fee Estimate; that is, an estimate of the total architectural and consultant fees for Basic Services, including reimbursables for materials, supplies, travel and primary consultants (civil/structural, mechanical, electrical, geotechnical, land surveying and inspection and testing), but excluding corrective designs or potential remedial work which may be assigned at a later date; and excluding consultants not normally retained by the architect such as lighting, seismic and security consultants which are defined as “Additional Services”. Assume that the contract will be configured to include all Basic Services within a Lump Sum Fee structure.

Base this estimate on the entire Scope of Work outlined in Part VI (Although this is the current thinking, please bear in mind that changes in the program may occur before this commission is awarded and during master planning, programming and initial design.) Provide a general rationale for the fee estimate. Further instructions will be provided to each Finalist for the submittal required, but it will be based upon the foregoing paragraph and the instruction included in Part X, Fees, herein.

f) Visits to current and previous building sites of leading Proposers may be undertaken and


various references may be evaluated by various means, including the use of Attachment B. Submittal of a proposal is regarded as de facto permission to the College for its use of Attachment B in querying any reference desired by the College.

g) The evaluation committee will determine which pricing scheme best fits the College’s financial configuration, budget limitations and fiscal goals and compare the numerical scores with the desirability of the proposed financial plans. Clarifications and alterations of the proposed financial plans may be desired at the sole discretion of the College. The College may choose to evaluate only those items presented directly in the Proposal and will only seek clarification if, in the judgment of the College, it is needed.

h) The evaluation committee will perform a final ranking of the Proposals with the top-ranked Proposal being that which suits the needs and objectives of the College best, second best, third best, etcetera.

i) Following the evaluation process detailed above, the discussion, or negotiation phase will follow. Initial negotiations will only take place with the top-ranked finalist.

During negotiations, the College may discuss, among other topics;

Estimates of total project costsVarious aspects of proposed services, scope of work and specific or work deliveryAttitudes and experience in the design of energy-efficient structuresSpecific energy conservation experienceFees for basic and additional architectural servicesLump Sum fees and hourly rates for various other servicesSelection of consultantsConsultant feesAward methodology,Contract Terms and potential changes to the AIA B141 Contract Agreement and the amendments to that agreement shown herein

If satisfactory agreements can not be reached on all matters of concern, negotiations will be discontinued with that Proposer and negotiations will be undertaken with the second ranked Proposer. This process will be followed until an agreement for the total range of services and the contractual conditions can be reached or until all proposals are rejected.

The Proposer thus selected, will be recommended for award.

Notwithstanding any or all of all the foregoing, in compliance with OAR 137-048-0220, the College reserves the absolute right to:

a) seek clarifications of each Proposal;

b) negotiate a final Contract that is in the best interest of the College;

c) to reject any or all Proposals and reservation of the right to cancel the RFP at anytime if doing either would be in the public interest as determined by the College;

d) require that Proposers responding to the RFP do so solely at their expense.

End of Part XI


PART XII: Proposal Content

1) Specific Proposal Requirements

In order for a proposal to be fully responsive, the following information shall constitute the proposal and shall be submitted by the Proposer to the College. Each proposal will be analyzed by the College in accordance with the rules set forth herein.

a) Transmittal LetterThe transmittal letter shall address the Proposer's understanding of the project and shall list the names of persons authorized to represent the Proposer, their titles, addresses and telephone numbers (if different from the individual who signs the transmittal letter and/or the Proposal Form). Any conflicts of interest or negative disclosures which are relevant and necessary to be addressed shall be included in this letter.

b) Proposal FormSubmit the Proposal Form (Attachment C) with every line item filled in; if any items are not applicable, use N/A to indicate this.

c) Summary of Proposer's QualificationsState, in general terms, the firm's qualifications to perform the work described herein. This summary must specifically follow the outline in the Pass/Fail requirement for Mandatory Qualifications given in Part XI, Paragraph 2. Within that format, be sure to contain the following information in appropriate locations.

• Provide a general history of the firm highlighting key staff and projects. (Be brief; additional requirements for building descriptive information is requested below.)

• Summarize the Proposer’s business configuration; i.e., limited liability corporation, partnered or in a joint venture to pursue this work? Explain relationships; i.e., Who is the architect and firm of record? How long has the relationship been established? Define the roles of each component of the venture.

• Identify the staff that will provide services and in whose employ that person resides; i.e., in each case, define whether the person is a full-time employee, part-time employee, permanent or semi-permanent employee, or sub-contractor. Provide brief resumes of the key employees who will be providing service (not greater than roughly one printed page per person). Show degrees, certifications, years and types of experience.

• Include a short resume of the project manager who will be responsible for the entire project.

• Include a short resume of the lead field administrator who will be responsible for coordinating the entire construction phase.

• Include an overview, preferably by organization chart, of the Proposer’s current management structure.

d) Current ProjectsProvide a list of the Proposer’s current and projected projects by project name, geographical location and estimated construction dollar value. Comment on the Proposer’s resources necessary for completion of its current and forthcoming work and the availability of staff for the work defined herein. Please note that specific schedules are not required; the intent to this question is to ensure that the Proposer has considered the impact of the project defined herein on its staffing and resources.

e) Specific Questions To Be AnsweredProvide an answer to each of the following questions; please try to restrict each answer to one page or less (but each answer may exceed one page if absolutely necessary).


1) Experience With Educational FacilitiesSummarize your experience with the design and construction of educational facilities with specific reference to college-level amenities and coordination with campus-wide planning and community involvement. Note that the emphasis of this question is on the words “education,” “campus,” and “community.”

2) Design Philosophy For New FacilitiesState your design philosophy for insertion of new facilities into an existing rural campus environment. Summarize your experience with design and construction for a modest rural campus and how you would facilitate cooperation with campus area partners and other rural functions. Note that the emphasis of this question is on the words “rural campus” and “cooperation.”

3) Culture Of A Rural InstitutionComment on your experience in gaining understanding of the culture of a smaller, rural institution or agency which tends to be more conservative and conventional than more avant-garde, urban establishments and how that experience will be brought to bear on the current project.

4) Designing For Inclement WeatherSummarize your experience with designing for inclement weather such as that experienced in Klamath County. Weather in this area includes the potential for long periods of continuous rainfall, for long periods of continuous snowfall, long periods of mild to moderate wind speeds (up to 60 mph) and short periods of strong winds (up to 80 MPH), cold to moderate temperatures (occasionally exceeding the 0o - 90o F. range), potential for windblown objects to strike buildings and to be strewn throughout the project site, etc. Deal with your design philosophy for human occupancy within buildings in such climates, details of preventing water infiltration, transitions from walking to mechanical transport environments, ADA considerations and any other issues which are relevant to such climates.

5) Energy-Efficient DesignSummarize your experience with energy-efficient design. Include a short commentary on your experience with the following (exclude all reference to HB 2620 and to OAR 330-135-0010:

o Your experience with “green building” design and the State of Oregon Energy

Efficient Design parameters (SEED);

o Any experience you may have with the implementation of State of Oregon Department of Administrative Services Policy 1254-6-010 (Sustainable Facilities Standards and Guidelines);

o Any buildings completed under your dominion which have been submitted for LEED accreditation in some form. {“LEED accreditation” means that the building was designed for submittal to the United States Green Building Council for qualification or certification in the “Silver,” “Gold” or “Platinum” rating category OR in qualification for Energy Option Ratings either in the LEED for Building Construction Category or the LEED for Schools Category.}

Note: At this time the College does not intend to have the two structures, CTC and HSB, designed to any LEED standard or certification. However, the College wishes to maximize the energy efficiency of both structures and to ensure that both are fully compliant with state requirements for energy conservation and with the most current recommendations of prudent energy-efficient design philosophies.

6) Experience With Solar RequirementsComment on your experience with HB 2620 and to OAR 330-135-0010 to ...0055, the “1.5% for solar” requirements and that experience might be brought to bear on the proposed structures.


7) Siting BuildingsComment on your experience with the placement of buildings on a building site with respect for the future use of that site as requirements and uses change with time and how that experience will be brought to bear on the proposed structures.

8) Relationship With Public AgenciesComment on your working relationship with state and local agencies; e.g., the state government, State Fire Marshal, State Department of Education, Department of Community Colleges and Workforce Development, etc.

9) Cost-ControlSummarize the cost-control methods you use to ensure that design and construction remain within the Owner’s budget. Comment on when and how you perform cost analyses during the design sequence and how accurate your cost projections have been on the last five buildings designed by your firm. Does your firm intend to retain a cost estimating consultant? If so, will the cost of that consultant be consumed within the normal fee structure or in addition to the fee structure as a special service? For the last five structures designed by your firm and which were formally bid, provide a chart showing the name of the structure, your final cost projection provided to the Owner, the amount of the actual low base bid upon which the award was based, and the date of that bid.

f) Building References

Provide the following information for not fewer than three Architectural building projects all of which shall have been completed during the last five years each of which shall have had a construction value of greater than $5,000,000. Additionally, include all buildings necessary to qualify for other aspects of the requirements listed in Part X, Paragraph 2). In each case, show which buildings are submitted in qualification for a particular requirement. You may list as many projects as you wish beyond the requirement for the three projects qualifying for the $5,000,000 requirement. Include as many projects as reasonable which have relevance to scholastic or educational facilities. Do not include “master planning” if it did not result in the construction of buildings. Submittal of names shall constitute permission by the Proposer for the College and/or its agents to contact the named individuals, firms, agencies and/or institutions without further notice or permission. Use the following format;

Project NameOwner Name:Owner Contact Name (i.e., construction manager, officer, facility director):Owner Contact Phone Number:Type and Scope of Project: New, Remodel, Modernization, etc.Basic Project Description:Your Firm’s Role and Responsibility (i.e., Master Planning only, Programming only,

Design only, Contract Admin only, all, etc.):Web URL of project or owner (if available):Total Square Footage:Initial (estimated) Project Cost (without land or soft costs):Final Total Project Construction Cost (without land or soft costs):Total Value of All Change OrdersTotal Design and Contract Administration Fees (including consultants):Dates your firm started and completed the project.

Submit photographs of each of these buildings (not renderings). Choose photos which show at least two exterior views and two interior views depicting each building at its best; these will be scored, admittedly subjectively, in terms of their aesthetic appeal, general creativity and utility.

Note: As indicated on the analysis sheet (Attachment A), these references will be scored in terms of aesthetics, size, applicability to the educational environment and other visual and technical factors indicating depth of experience, admittedly subjectively. These references will not be contacted during the scoring phase unless additional clarity is required. They may be contacted at


the sole discretion of the College during or directly prior to negotiations with finalists.

g) Comments on College Terms & Conditions

Provide comment on which terms and conditions contained herein, if any, the Proposer will have difficulty accepting. Propose substitute clauses, if appropriate.

h) Suggested Negotiation Topics

List any topics which you desire to discuss during the negotiation phase. Do not repeat topics already stated in above in Part XI, Paragraph 2), sub-paragraph i).

2) Notes on Proposal Booklet Formulation

Attachment C, Proposal Form shall be fully filled in and the letters "N/A" shall be inserted in blank response areas which are not applicable to the Proposer. Proposers who do not submit Attachment C, or who submit incomplete responses within the Attachment, shall be ruled non-responsive and, hence, will not be considered for award of the work.

Identify each page of each submittal and its membership in a particular group or section. During the analysis phase, submittals may be separated in order to provide copies for distribution. Pages which are not clearly identified as to their origin and membership within a specific section may not be replaced correctly.

Do not bind any papers together — they may be separated for copying and will have to be ripped apart if bound; this applies to the original and to all copies.

3) Summary of Mandatory Submittals

Submit the original and each copy in a loose leaf binder with divisions between each section. Identify each section, as defined below, with a tab. Submit the information in the following order:

a) Transmittal letterb) Attachment C, Proposal Formc) Summary of Proposer's

Qualificationsd) Current Projectse) Answers to specific questionsf) Building references with photographs g) Comments on College Terms & Conditionsh) Suggested Negotiation Topics

4) Forewarning

In your response DO NOT include any design drawings or attempts to evolve even the most rudimentary schematics or programs based upon the currently existing programs or schematics. These are furnished on the associated web site for the proposer’s assistance only and are not intended to encourage the beginning of a design process. This RFP is not a design competition; it is essentially a request for a proposal based upon qualifications only. Any portions of submittals which bear the appearance of a presentation based upon the currently existing schematics, programs or other existing designs will be stripped from the proposals before the proposals are turned over to the evaluation committee.

End of Part XII


REQUEST FOR PROPOSAL 09-01, Architectural ServicesATTACHMENT A – Typical Analysis Format – Sheet 1 of 2

(Provided for information only)

Name of Proposer______________________________ Analyzed By_______________ Date_____________

1) Responsiveness (Comment on each item)

Cover Letter ………………………………………………………………………………………………….Proposal Forms ………………………………………………………………………………………………….Attachments ………………………………………………………………………………………………….Comments ………………………………………………………………………………………………….

If Proposal is non-responsive, state reason and proceed no further with analysis.

2) Responsibleness (comment on Responsibleness as defined herein) ………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….

If Proposal is not responsible, state reason and proceed no further with analysis.

3) Pass / Fail Analysis (Rate each category below as a Pass / Fail determination in accordance with Part X, paragraph 2; circle one or the other.)

a) Proposer’s overall capability to undertake and complete project { Pass } { Fail }

b) Staff experience for large governmental...organizations { Pass } { Fail }

c) General compliance with RFP business requirements { Pass } { Fail }

d) Compliance with five-year registration requirement { Pass } { Fail }

e) Provision of architectural services for not less than ten years { Pass } { Fail }

f) Construction of three $5,000,000 during the last ten years { Pass } { Fail }

g) Proposer registered to do business in Oregon { Pass } { Fail }

If a rating of “Fail” is given, provide an explanation for the rating here or on an attached sheet and proceed no further with analysis.)

4) Comment (comment on any aspect of the proposal which requires clarification or additional information)

………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….

Continue on Sheet 2


REQUEST FOR PROPOSAL 09-01, Architectural ServicesATTACHMENT A – Typical Analysis Format – Sheet 2 of 2

(Provided for information only)

Name of Proposer______________________________ Analyzed By_______________ Date_____________

5) Answers To Questions --- Ratings & Scoring

Score the answers provided to the questions posed in Part XII, paragraph 1), sub-paragraph e). A maximum of five points shall be assigned to each category by each scorer.

Question Score Weight Final Score

Question 1: Experience With Educational Facilities { } 4 { }

Question 2: Design Philosophy For New Facilities { } 2 { }

Question 3: Culture Of A Rural Institution { } 3 { }

Question 4: Designing For Inclement Weather { } 3 { }

Question 5: Energy-Efficient Design { } 3 { }

Question 6: Experience With Solar Requirements { } 1 { }

Question 7: Siting Buildings { } 3 { }

Question 8: Relationship With Public Agencies { } 2 { }

Question 9: Cost-Control { } 4 { }

Building References and other Reference Checks { } 5 { }

Total Proposal Paper Score (maximum = xxx) ———————————————>

h) Interview and Presentation { } 10 { }

Total Proposal Score (maximum = xxx) ——————————————————>

•──────══════════════ End of Analysis ══════════════─────•

6) Comment on Proposal, Fees, References, Design, Services and Other Related Issues

………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….………………………………………………………………………………………………….

•──────══════════════ End of Form ══════════════─────•


REQUEST FOR PROPOSAL 09-01, Architectural ServicesATTACHMENT B – Typical Reference Questionnaire – Sheet 1 of 2

(Provided for Information Only)

Note: This form may be used in telephone and personal interviews (if any) to analyze references and other contacts pertaining to your Proposal.

Name Of Firm ………………………………………………………………………………………………….

Project Architect

………………………………………………………………………………………………….

Name of Project

………………………………………………………………………………………………….

Project Start & Completion Dates …………………………………………………………………………………

Size of Project (Square feet and dollar cost) ……………………………………………………………………….__________________________________________________________________________________________

Rate the Following on a scale of 1 - 5 (where 1 = least or worst and 5 = most or best):__________________________________________________________________________________________

1) Did the firm provide adequate staffing for the project?

2) Did the firm change personnel during the course of the project?

3) Did the project architect have sufficient management support to meet the project needs?

4) How well did the firm work with clients on off site issues?

5) Were there any contract disputes involving the architectural firm?

6) Was the firm responsive to the Owner timelines?

7) Did the firm communicate with the team, Owner, and others involved in the project?

8) Were the architect's consultants responsive to project issues?

9) Did the architect work with the contractor in a team environment?

10) Did the firm move the plans through permit approvals in a timely manner from submission through back checking?

11) Did the firm provide appropriate tracking of the project (providing receipt of submittal, updating the core team and users, resolving issues, expediting review, etc.)?

12) Were corrections and changes required by permit authorities addressed in timely manner?

13) Were the plans and specifications complete and accurate, and prepared in a timely manner?

14) Did the Project Architect and Consultants implement the comments from the value engineering and constructability reviews prior to bid?


15) What was the change order amount of the project and roughly how much of that was attributed to the owner? The contractor? To architect error or omission?

16) Was the architect’s final estimate at time of completion of construction document within 5% of the final construction budget?


REQUEST FOR PROPOSAL 09-01, Architectural ServicesATTACHMENT B – Typical Reference Questionnaire – Sheet 2 of 2

(Provided for Information Only)

17) Was the architect’s final estimate at completion of construction documents within 5% of the low bid?

18) During construction did the architect: Schedule construction meetings on a regular basis?

Manage meetings appropriately? Keep proper agendas? Keep team on schedule? Respond to/coordinate RFIs, change orders or other requests in a timely manner?

19) Did the architect insure that the closeout of the project went smoothly?

20) Was there appropriate coordination of signage, furniture, and equipment?

21) Did the architect attain appropriate sign-offs or approvals for the project?

22) Were the closeout documents prepared and delivered to the Owner in a timely manner?

23) Are there any pending issues with this project that need to be resolved by the architect?

24) Post Construction: did the architect offer to provide an evaluation at the end of the warranty period and remedy any issues?

25) Post Occupancy: was there an evaluation of the project to make future improvements?

26) Did the architect verify field conditions with its consultants?

27) How well were designs conveyed to users?

28) Did architect take responsibility for issues in the conceptual design process and take a proactive role in identifying problems and solving those problems?

29) How well did the architect work with the designated Owner and Project Manager?

30) How well did the architect work with all its consultants.

31) How good were the quality control methods used for the Design and Construction Documents?

32) Was there preparation for and identification of appropriate phasing on the construction documents?

33) How well did the architect interpret scope and budget parameters?

34) Did the architect properly field-verify conditions with sub-consultants?

35) How well did the architect communicate design ideas to users in order to avoid "after the fact" design revisions?

36) How well did the architect coordinate Mechanical, Electrical, and other Consultants.

GRAND TOTAL________________


REQUEST FOR PROPOSAL 09-01, Architectural ServicesATTACHMENT C – PROPOSAL FORM – Sheet 1 of 4

CORPORATE HEAD OFFICES(To be used For All Legal And Contractual Correspondence)

PROPOSER NAME: …………...……………………………………………..………………………………….....

PROPOSER ADDRESS: ......................................................................………………….............................

................................................................................................................……………….

TELEPHONE: .............................................................................................................………………….

FAX NUMBER: ............................................................................................................…………………...

EMAIL ADDRESS: ......................................................................................................…………………..

PROPOSER INFORMATION

1) Federal ID Number (or Social Security Number if not a Corporation) ……………………………..

2) How long has the Proposer been in business? Under which names?................................................................................................................……………….

3) Proposer is a subsidiary of, or is wholly owned by:................................................................................................................……………….

4) Proposer is configured as a/an (circle one)

Sole Proprietorship Partnership Corporation Joint Venture Other (describe) ..............................……………………………….....................................................................…………

ADDENDA ACKNOWLEDGMENT

The Proposer hereby acknowledges receipt of the following Addenda related to the subject solicitation documents (circle all received):

/ NONE / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 /

STATE AND LOCAL CERTIFICATIONS

State of Oregon Certified D/M/W/ESB Organization? …………………………………….. [ ] Yes [ ] No

If yes, provide State certification number and indicate which category / categories. ………………………………………………………………………………………………….

Is the proposer certified as an EEO firm by _________________? …..……………. [ ] Yes [ ] No





GENERAL INFORMATION

1) If a corporation, list the date, state and type of incorporation.__________________________________________________________________________________________________________________________________________________

2) If a partnership, list names of all partners and declare which have general or limited status.______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3) Has the Proposer or any of its members ever had a license or permit revoked or suspended or sustained any form of bankruptcy including receivership during the last ten years? If yes, describe action and outcome. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4) Has the Proposer, or any of its current associates, members, partners, been involved in any lawsuits (including presently pending lawsuits) related to a building design contract, either as plaintiff or defendant, during the period of January 1, 1999 to the present? If the answer is yes, please identify each legal action on a separate sheet. For each legal action identify the plaintiff(s) and defendant(s), the contract that was the subject of the litigation, the amount in question (as originally demanded by the Complainant), the amount of the eventual disposition of the lawsuit (whether by settlement or trial), and a general description of the claims made in the litigation.______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5) Has the Proposer or any of its current associates been involved in arbitration or mediation (including presently pending arbitration or mediation) related to a building design contract during the period of January 1, 1999 to the present? If the answer is yes, please identify each arbitration or mediation in which your firm was involved during the relevant period. On a separate sheet, include for each arbitration or mediation the identity of the parties to the arbitration or mediation, the name of the arbitrator or mediator, the contract that was the subject of the arbitration or mediation, the amount of the eventual disposition of the arbitration or mediation, (whether by settlement or by binding arbitration), and a general description of the claims made in the arbitration or mediation.______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________



PROPOSER’S CURRENT STRENGTH AT OFFICE OF RECORD(Office which will be performing the work; Full time staff only)

DisciplineQuantity of Staff (do not

duplicate) *

Registered Architects.............................................................................................__________ Registered Engineers.............................................................................................__________ Registered Land Surveyors....................................................................................__________ Draftspersons and Designers.................................................................................__________ Construction Managers/Coordinators.....................................................................__________ Specification Staff...................................................................................................__________ Business Managers/Coordinators...........................................................................__________ Contract and Project Managers/Coordinators.........................................................__________ Information Technology / Computer Staff................................................................__________ Other Office and Clerical Staff (not listed above)....................................................__________

Total Strength (sum of all above)..................................................................................................__________

* Where one person meets two categories, use the higher-listed category; for example if one person is a registered architect but serves primarily as a contract manager, show that person as a registered architect and NOT as a Contract Manager.

CERTIFICATIONS

Certification Of Inclusions

The undersigned hereby submits this Proposal to furnish all work, services, systems, materials and labor as indicated herein and agrees to be bound by the following documents; entire Request For Proposal, Master Contract Agreement, and the associated inclusions, references, incorporations, specifications, Proposal Form, Proposer’s response, mutually agreed clarifications, appropriately priced change orders and contract amendments, exceptions which are acceptable to the college and other Proposer’s submittals.

Certifications of Provisions and Exceptions

I, the undersigned, and representative of the firm named below (Proposer), have read and I thoroughly understand these specifications, the special provisions, the proposal instructions, and all other conditions of the Request For Proposal 09-01 issued by Klamath Community College for the provision of architectural services. Acting on behalf of my firm which is listed and named directly below, I do attest that the services offered by my firm meet Klamath Community College’s specifications in every respect except those described on the attached list of “Exceptions.” If such a list is not attached, it is understood that my firm takes no exceptions to the specifications and requirements of the RFP. We therefore offer, and make this proposal to furnish architectural and associated engineering services described herein in fulfillment of the attached requirements and specifications of Klamath Community College.




CERTIFICATIONS (Continued)

Non-Collusion

The undersigned Proposer hereby certifies that it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, potential Proposer, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Proposers or potential Proposers, or to secure through any unlawful act an advantage over other Proposers or the College.

The fees and prices submitted herein have been arrived at in an entirely independent and lawful manner by the Proposer without consultation with other Proposers or potential Proposers or foreknowledge of the prices to be submitted in response to this solicitation by other Proposers or potential Proposers on the part of the Proposer, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

Conflict Of Interest

The undersigned Proposer and each person signing on behalf of the Proposer certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of the Klamath Community College Board of Education or College officer, employee, or person, whose salary is payable in whole or in part by Klamath Community College, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

The undersigned hereby submits this Proposal to furnish all work, services, systems, materials and labor as indicated herein and agrees to be bound by the following documents: Request for Proposals, Instructions to Proposers, Master Contract Agreement and associated inclusions and references, specifications, Proposal Form, Proposer’s response, mutually agreed clarifications, appropriately priced change orders, exceptions which are acceptable to the College and all other Proposer’s submittals.

SIGNATURE BLOCK

Company Name:

Signer’s Mailing Address:

Signer’s City/State/Zip:

Signer’s Telephone Number:

Signer’s Facsimile Number:

Signer’s Email Address:

Signer's Name (Printed):

Signer's Title:

Signature:........................................................................................................................... Date: . . . . . . . . . .


NOTE: Submit Proposal Form and items specified in Part XII only.